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Case file s1685 · Literature and art · 2008
2008
Robert Rauschenberg: Robert Rauschenberg 1999
Robert Rauschenberg. Fvlcrvm. CC BY-SA 3.0, Wikimedia Commons.
Died
12 May 2008
Place
Captiva Island, Florida, USA
Field
artist · Visual art and architecture on the timeline
Legal tradition
US common law (Florida trust law; trustee compensation) · Common law
Historical event
Artist-endowed foundations and the administration of postwar American artists' estates
Member of
American Academy of Arts and Letters, Royal Academy of Arts, American Academy of Arts and Sciences, Experiments in Art and Technology (Wikidata)

Robert Rauschenberg's art trust grew from $605.6 million to $2.2 billion, and a Florida judge gave his three trustees $24.6 million in fees

Robert Rauschenberg died at his home on Captiva Island, Florida, on 12 May 2008, aged 82. His will left the residue of his estate to his revocable trust, whose sole remainder beneficiary was the Robert Rauschenberg Foundation. He had appointed three trustees in the 1990s: Darryl Pottorf, an artist who lived and worked with him for over 25 years; Bennet Grutman, his accountant for 18 years; and Bill Goldston, his business partner and a fine art publisher. The trust did not set their pay. Under their management the trust assets grew from $605,645,595 at his death to about $2.179 billion when they were handed to the foundation in 2012. The trustees asked for $60 million. The foundation, led by the artist's son Christopher Rauschenberg, petitioned the Lee County court on 21 June 2011 to set the fee and said $375,000 for all three, calculated by the hour, was reasonable. Mediation failed twice. Circuit Judge Jay B. Rosman tried the case without a jury from 10 to 18 June 2014, hearing 21 witnesses and admitting more than 300 exhibits; the trustees then asked for $51 million to $55 million. On 1 August 2014 Rosman found that the trustees "did an exemplary job" and awarded $24.6 million, less the $8,035,199 they had already received. The foundation appealed, arguing that the hourly lodestar method used for lawyers' fees should apply. On 6 January 2016 Florida's Second District Court of Appeal held that the lodestar method "does not apply to trustee's fees" and affirmed "the award in its entirety." It denied rehearing on 22 February 2016. In March 2016 the foundation asked the Florida Supreme Court to hear the case; the result of that request could not be confirmed†.

What the law took from it

When a trust is silent on trustee pay, a Florida court sets a reasonable fee by weighing results, skill and responsibility, and that fee can far exceed an hourly calculation.

Sources
  1. flprobatelitigation.comCourt record
  2. FindLaw CaselawCourt record
  3. Internet ArchiveGovernment record
  4. wgcu.orgPress
  5. philanthropy.comPress
  6. foley.comPress
  7. Wikipedia (English)Encyclopedia

Cite as: celebrity.estate, “Robert Rauschenberg's art trust grew from $605.6 million to $2.2 billion, and a Florida judge gave his three trustees $24.6 million in fees,” story s1685, https://www.celebrity.estate/robert-rauschenberg-2008, updated 30 October 2026.

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