Florida Statute 736.1005 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.1005

736.1005 Attorney fees for services to the trust.—

(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.

(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid.

(a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper.

(b) In the exercise of its discretion, the court may consider the following factors:

1. The relative impact of an assessment on the estimated value of each person’s part of the trust.

2. The amount of attorney fees to be assessed against a person’s part of the trust.

3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding.

4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding.

5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed.

6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.

7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.

8. Any other relevant fact, circumstance, or equity.

(c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.

(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.

History.—s. 10, ch. 2006-217; s. 7, ch. 2015-27.

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F.S. 736.1005 on Casetext

Amendments to 736.1005

Arrestable Offenses / Crimes under Fla. Stat. 736.1005

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.1005.

Annotations, Discussions, Cases:

Cases Citing Statute 736.1005

Total Results: 7

IN RE: TRUST OF ADEAN E. WINES vs

Court: District Court of Appeal of Florida | Date Filed: 2023-02-03

Snippet: Procedure 9.300(a) and 9.400(b), and section 736.1005, Florida Statutes (2022), is granted, and we remand

J. SCOTT LANFORD, TRUSTEE OF THE KIRK FAMILY FOUNDATION vs ROBIN PHEMISTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY L. DILLARD AND AS TRUSTEE OF THE TESTAMENTARY TRUST OF MARY L. DILLARD

Court: District Court of Appeal of Florida | Date Filed: 2022-04-08

Snippet: the trust” following an application for fees. § 736.1005(1), Fla. Stat. (2021). Lanford argues that

ROSALYN BRONSTEIN and ELLA BRONSTEIN v. ESTATE OF KATHERINE S. BRONSTEIN

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: the settlement agreement and pursuant to section 736.1005(1), Florida Statutes (2019), which authorizes

Bloom v. Bloom

Court: District Court of Appeal of Florida | Date Filed: 2017-05-24

Citation: 227 So. 3d 165, 2017 WL 2270124, 2017 Fla. App. LEXIS 7403

Snippet: was entitled to attorney’s fees under section 736.1005(1), Florida Statutes (2015), which provides that

Van Vechten v. Anyzeski

Court: District Court of Appeal of Florida | Date Filed: 2015-01-21

Citation: 157 So. 3d 350, 2015 Fla. App. LEXIS 722, 2015 WL 248731

Snippet: Statutes §§ 736.1005, 736.1006, and 736.1007.” Those sections provide as follows: • Section 736.1005(1) states

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

Court: District Court of Appeal of Florida | Date Filed: 2015-01-21

Snippet: fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” Those sections provide

Jervis v. Tucker

Court: District Court of Appeal of Florida | Date Filed: 2012-02-08

Citation: 82 So. 3d 126, 2012 Fla. App. LEXIS 1781, 2012 WL 385518

Snippet: moves for attorney’s fees pursuant to sections 736.1005, 736.1007, and 736.0816, Florida Statutes, and