456.7-708. Compensation of trustee.

Compensation of trustee.

456.7-708. 1. If the terms of a trust do not specify the trustee'scompensation, a trustee is entitled to compensation that is reasonableunder the circumstances.

2. If the terms of a trust specify the trustee's compensation, thetrustee is entitled to be compensated as specified, but the court may allowmore or less compensation if:

(1) the duties of the trustee are substantially different from thosecontemplated when the trust was created; or

(2) the compensation specified by the terms of the trust would beunreasonably low or high.

3. For purposes of this section, reasonable compensation may includefees that take into account the administration of both income and principalwhether or not the will or trust instrument contains provisions relating tocompensation of the trustee.

(L. 2004 H.B. 1511)

Effective 1-01-05