Robert Rauschenberg Foundation v. Grutman
Robert Rauschenberg Foundation v. Grutman , --- So.2d --- (Fla. 2d DCA 2016) In this decision, the Court considered which methodology to apply when calculating trustee fees. The beneficiary of the trust, a charitable foundation, argued that the trustee fees should be calculated using the lodestar method set forth in Florida Patient's Compensation Fund v. Rowe , 472 So.2d 1145. The trustees argued that their fees should be calculated based on the factors set forth in West Coast Hospital Ass'n v. Florida National Bank of Jacksonville, 100 So.2d 807 (Fla. 1958). The Court reviewed the history of the two methods and ultimately determined that the West Coast factors should be used to calculate trustee fees, not the lodestar method described in Lowe. As a review, the West Coast factors include: the amount of capital and income received and disbursed by the trustee; the wages or salary customarily granted to agents or servants for performing l...