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Two co-trustees, one Margaritaville · 8-min read · Still open

Jimmy Buffett

He left $275 million in a trust for his widow and named her to run it alongside his longtime financial adviser. Neither can act without the other, neither can remove the other, and as of 2026 they are still in court in Palm Beach County.

Man in a short-sleeved shirt playing an acoustic guitar and singing into a microphone on a ship's hangar deck.
Jimmy Buffett playing a USO concert aboard the carrier USS Harry S. Truman, January 2008.
Chief Mass Communication Specialist Michael W. Pendergrass, U.S. Navy · Public domain (PD-USGov-Military-Navy) · source
Died
Sep 1, 2023 · age 76
Trust
≈ $275,000,000
Co-trustees
Two, deadlocked
Venue
Palm Beach County, FL
Status
Active as of Aug 2026

Jimmy Buffett died on September 1, 2023, at 76. He had turned one song about a frozen drink into a business — restaurants, hotels, retirement communities, a licensing empire — and he did what careful people are told to do: he put it in a trust rather than a will, so that his widow would be provided for without a probate court supervising every step.

The trust holds roughly $275 million for the benefit of his wife, Jane Buffett. And he named two co-trustees to administer it: Jane herself, and Richard "Rick" Mozenter, a financial adviser who had worked with him for decades.

Two co-trustees. Neither able to act alone. Neither able to remove the other. It is a structure that works beautifully right up until the two people stop agreeing, at which point it becomes a machine with no off switch.

This matter is open
Everything below that is contested is an allegation by one side, attributed and dated. No court has made findings on the merits. We describe what was filed, not who is right.
— The filings

June 2025: both sides move to remove the other

In June 2025, roughly twenty-one months after the death, the arrangement broke in public and in two states at once.

Jane Buffett filed in Palm Beach County, seeking Mozenter's removal as co-trustee. Her petition alleges, among other things, that he had been "openly hostile and adversarial" toward her, that he was collecting roughly $1.7 million a year in fees, and that a $275 million trust was generating under $2 million in annual income for its beneficiary — a return she characterized as inadequate for a portfolio of that size.

Mozenter filed to have Jane removed as co-trustee, alleging that she had interfered with the administration of the trust.

Both filings are petitions. Neither is a finding. What they establish for certain is only this: the two people Jimmy Buffett chose to work together had reached a point where each was asking a court to fire the other.

Tall modern courthouse of pale stone and glass with a colonnaded base, seen from the street.
The Palm Beach County Courthouse in West Palm Beach, where the co-trustee dispute over the $275 million marital trust remains open.
Michael Rivera · Creative Commons Attribution-Share Alike 4.0 (CC BY-SA 4.0) · source
— The judge's move

Mediation, ordered

Palm Beach County Circuit Judge Charles Burton ordered the parties to mediation — in the court's phrasing, so that each party would fully understand their fiduciary duties with regard to the administration of the trust.

That is a pointed instruction and worth reading carefully. A co-trustee is not a representative of the person who nominated them. Both co-trustees owe their duties to the beneficiary and to the trust, not to each other and not to their own view of what the settlor would have wanted. Ordering two warring fiduciaries into a room to be reminded of that is a judge trying to convert a lawsuit back into an administration.

It did not end there. As of April 2026 the litigation was continuing, with a further filing by Jane Buffett alleging mismanagement of family trusts and breach of fiduciary duty. The matter remains open as this page is written.

— The structural problem

Why a marital trust makes this worse, not better

It is tempting to read this as a personality clash. The more useful reading is that the structure was always going to amplify one.

A marital trust of this kind typically pays the surviving spouse income for life, with the remainder passing to children or charity afterward. That design puts the widow and the remainder beneficiaries in permanent, built-in tension: income beneficiaries want yield; remainder beneficiaries want growth. A trustee investing for one is, by definition, disappointing the other. The duty of impartiality under a trustee's general obligations is not a tiebreaker — it is a tightrope.

Now add a co-trustee who is also the professional being paid to manage the assets, and a co-trustee who is also the person living on the income. Every investment decision is simultaneously a fee question and a lifestyle question. There is no neutral choice available.

The fix is not a better personality. The fix is a clause.

— How it unfolded

Timeline

  1. Sep 1, 2023
    Jimmy Buffett dies at 76. His estate plan places roughly $275M in trust for his wife, Jane, with Jane and adviser Richard Mozenter as co-trustees.
  2. Jun 2025
    Jane Buffett petitions in Palm Beach County to remove Mozenter, alleging hostility, roughly $1.7M/yr in fees, and inadequate income from the trust. Mozenter separately petitions to remove Jane, alleging interference.
  3. Mid 2025
    Palm Beach County Circuit Judge Charles Burton orders the parties to mediation so each understands their fiduciary duties.
  4. Jul 2025
    Further removal filings by Jane Buffett.
  5. Apr 2026
    Litigation continues. A new filing alleges mismanagement of family trusts and breach of fiduciary duty. No merits findings reported.
  6. Aug 2026
    Matter open. Estate resources continue to be consumed by the dispute.
— The teachable part

What actually went wrong

  • Two co-trustees, no tiebreaker. Even-numbered fiduciaries with equal power and no deadlock provision is a design that requires perpetual agreement from people who have no obligation to agree.
  • No trust protector. Nobody held the power to remove and replace a trustee without going to court. That single omission is the difference between a letter and a lawsuit.
  • A professional co-trustee whose fee is set by the trust he administers. The person deciding the investment strategy is also the person whose compensation the strategy supports. That is not misconduct; it is a conflict that should have been structurally managed.
  • No stated investment mandate. Where the trust does not say how to balance current income against long-term growth, every allocation becomes arguable and the argument has no ending.
— The Florida answer

Would it have gone that way in Florida?

This is happening in Florida, under Florida law — and Florida gave the drafter every tool needed to prevent it.

The Florida Trust Code has direct answers for all three of the structural problems above. None of them were used.

Deadlock. Under Fla. Stat. §736.0703, when there are two or more co-trustees they act by majority — and where co-trustees cannot reach a decision, the statute contemplates court involvement or action by the remaining trustee in limited circumstances. Two trustees have no majority. Naming three, or naming a tiebreaking third for disputes only, converts a stalemate into a vote.

Removal without litigation. §736.1406 authorizes a trust to give a third party power over trustee decisions — the mechanism behind what practitioners call a trust protector. Give a named, independent person the power to remove and replace a trustee, and a dispute of this shape ends with a signature rather than a docket. §736.0706 is the fallback: a court may remove a trustee for serious breach, lack of cooperation among co-trustees that substantially impairs administration, or unfitness. Note that the statute expressly names co-trustee non-cooperation as a ground — Florida anticipated exactly this.

Fees. §736.0708 entitles a trustee to compensation reasonable under the circumstances, and lets the court adjust it even where the trust specifies an amount. As Florida's own [Rauschenberg case](/archive/robert-rauschenberg-trustee-fees) settled, that reasonableness is measured by the West Coast Hospital factors, not by hours. A stated fee schedule in the instrument would have made a $1.7M annual figure a term rather than an allegation.

Information. §736.0813 requires a trustee to keep qualified beneficiaries reasonably informed and to provide annual accountings. Many trust fights are really information fights that curdled. Regular, complete accountings are cheap; discovery is not.

The plain lesson, for anyone in Palm Beach or Sarasota with a large marital trust: name an odd number of trustees or a tiebreaker, appoint a trust protector with removal power, state the fee, and state the investment mandate. Four clauses. They cost a fraction of one month of this litigation.

— The statutes doing the work
Co-trustees act by majority. Two trustees cannot form one.
Removal of trustee — including for lack of cooperation among co-trustees that substantially impairs administration.
Duty and liability of directed trustee — the statutory basis for a trust protector who can remove and replace trustees without a lawsuit.
Trustee compensation, and the court's power to adjust it.
Duty to inform and account to qualified beneficiaries.
— Common questions

What people ask us about this.

Only with a deadlock mechanism. Two trustees with equal authority and no tiebreaker means every decision requires unanimity, and a single disagreement can freeze the trust. Name three, name one with a named successor, or appoint a trust protector who can break a tie or replace a trustee.
In the public record
Band on a brightly lit arena stage with a large video screen behind them and a full crowd in front.
2012
Buffett and the Coral Reefer Band in Jacksonville, January 2012. Touring was only part of it; the brand was the asset.
Bruce Tuten · Creative Commons Attribution 2.0 (CC BY 2.0)
Black-and-white view down a narrow Key West street of low wooden storefronts and awnings.
1938
Duval Street, Key West, 1938. Buffett opened the first Margaritaville store on this street in 1985.
Arthur Rothstein, Farm Security Administration · Public domain (US Farm Security Administration photograph; Library of Congress)
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