The Florida Senate

737.204  Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.--

(1)  After notice to all interested persons, the court may review the propriety of employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of the compensation of any person so employed and of the compensation determined by the trustee for his or her own services. A person who has received excessive compensation from a trust may be ordered to make a refund of the excess.

(2)  If the settlor's estate is being probated, the trustee, the attorney, or any interested person may have the propriety of employment and the reasonableness of the compensation of the trustee or any person employed by the trustee determined in the probate proceeding.

(3)  In any proceeding under this section the petitioner shall either:

(a)  Serve notice on all interested persons in the manner provided for service of formal notice under s. 731.301, together with a notice advising the interested person that an answer to the petition must be filed and served on petitioner within 20 days from the service of the petition or the petition may be considered ex parte, and such notice shall be sufficient for the court to acquire jurisdiction for this proceeding over the person receiving formal notice to the extent of the person's interest in the trust; or

(b)  Obtain jurisdiction over interested persons in any other manner permitted by law.

(4)  Persons given notice as provided in this section shall be bound by all orders entered on the petition.

History.--s. 1, ch. 74-106; s. 4, ch. 75-221; s. 3, ch. 95-401; s. 1038, ch. 97-102.