Compensation of trustee, trust advisor and trust protector

In Mississippi the trust terms may address compensation of the trustee and if appointed, the trust advisor and trust protector.

If the trust terms do not address compensation the maker, and majority of the beneficiaries may agree on compensation for the trustee, trust advisor and trust protector. If no such agreement the Chancery Court may approve compensation reasonable under the circumstances.

If the terms of the trust provide that there shall be no compensation or no reasonable compensation for the trustee, the Chancery court may nevertheless grant compensation for the trustee, trust advisor and trust protector if their duties are substantially different from those contemplated when the trust was created, or the compensation specified by the terms of the trust would be unreasonably low or high.

The fees set in the published fee schedule for a trustee, trust advisor, or trust protector that is regulated by the Mississippi Department of Banking and Consumer Finance, the equivalent regulatory agency of another state, the Office of the Comptroller of the Currency, or the Office of Thrift Supervision shall be presumed to be reasonable, unless otherwise provided by the terms of the trust.  However, the Court is not bound to any such schedule.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.