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The Florida Senate

2005 Florida Statutes

Costs and attorney's fees in trust proceedings.
Section 737.2035, Florida Statutes 2005

737.2035  Costs and attorney's fees in trust proceedings.--

(1)  In all trust proceedings, costs may be awarded as in chancery actions.

(2)  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's fees, and, after notice and service upon the trustee and all beneficiaries entitled to an accounting under s. 737.303, the court shall enter its order on the fee application.

(3)  When costs and attorney's fees are to be paid out of the trust, the court may, in its discretion, direct from what part of the trust they shall be paid.

(4)  The provisions of this section shall apply only to services of an attorney rendered on or after July 1, 1999.

(5)  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 prior to the date of actual notice.

History.--s. 1, ch. 99-352; s. 15, ch. 2003-154.