4-10-708. Compensation of trustee.
(a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances. The trustee shall notify the qualified beneficiaries, in writing, of any change in the method or rate of the trustee's compensation. Notice shall be given not less than sixty (60) days in advance of any change, unless the notice is waived by the written consent of all qualified beneficiaries. The notice of a proposed change in the method or rate of trustee's compensation shall include:
(i) The current trustee's compensation;
(ii) The proposed change to the trustee's compensation;
(iii) An explanation of the reasons for the change in compensation;
(iv) The date upon which the change in compensation is to take effect; and
(v) The date, not less than sixty (60) days after giving notice, by which a qualified beneficiary is required to notify the trustee in writing of an objection to the change in compensation.
(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
(i) The duties of the trustee are substantially different from those contemplated when the trust was created; or
(ii) The compensation specified by the terms of the trust would be unreasonably low or high.
(c) The trustee shall be entitled to additional compensation on agreement of all qualified beneficiaries.
(d) The authority of a trustee under this section to change the trustee's rate or method of compensation terminates if a majority of the qualified beneficiaries notify the trustee of objections to the proposed change in compensation on or before the date specified in the notice.
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