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.

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Terms Used In New Mexico Statutes 46A-7-708

  • Trustee: A person or institution holding and administering property in trust.

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:

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

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