Legal Question in Wills and Trusts in Florida

Re: Trustee Commissions

The Florida Statutes do not stipulate any "rate of commission" that is fair and reasonable in all cases. Florida Statutes, at Section 737.204, do provide that "the court may review ... the compensation determined by the trustee for his or her services [and] a person who has recieved excessive compensation from a trust may be ordered to make a refund of the excess." It is often difficult, at the beginning of any probate action, to determine how much time one will spend "winding up a Florida decedent's assets and affairs." I will say that in most cases the filing of federal estate tax returns are not considered ordinary duties and may merit additional compensation. If you have any problems with the trustee that you cannot resolve, perhaps you should contact an attorney for a more detailed analysis of your situation.