Jimmy Buffett’s widow is appealing a Florida judge’s decision allowing the co-trustee of her late husband $275 million trust to use trust assets to pay his legal fees, the latest development in an intensifying dispute over control of the singer’s estate.
The filing escalates an ongoing legal fight between Jane Buffett and Richard Mozenter, Jimmy Buffett’s longtime financial adviser, who were both appointed co-trustees before the singer’s death in 2023. Each is now seeking to remove the other from overseeing the trust.
Jane Buffett filed her appeal Feb. 26, with Florida’s Fourth District Court of Appeals, challenging a Feb. 18 order from Palm Beach County Circuit Judge Charles E. Burton that granted Mozenter permission to use trust funds to cover “reasonable attorneys’ fees and costs.”
In the same ruling, Burton rejected Jane Buffett’s request to block Mozenter from tapping trust assets and to recover roughly $2 million she says he has already spent on legal bills.
Citing Florida law, Burton wrote that trustees are generally permitted to pay their legal fees from trust funds unless a beneficiary proves the expenses should not be allowed — something that would require a separate evidentiary hearing.
The judge noted that the court has not yet heard sworn testimony or evidence related to the allegations in the case, including claims about possible misuse of trust funds.
“Unlike most of the trust litigation that occurs in court, there are no allegations that anyone has used trust assets for their own personal gain or diverted trust assets for their personal benefit,” Burton wrote. Instead, he said, the dispute largely centers on whether the two co-trustees can work together.
Burton’s order summarized what he described as a “laundry list of grievances” between the pair. Mozenter has alleged that Jane Buffett interfered with trust employees, forced out Jimmy Buffett’s longtime law firm and refused to cooperate with him on trust matters. Jane Buffett has countered that Mozenter withheld financial information for 19 months and has acted combatively toward her.
The judge also warned that continued pre-trial motions could drive up legal costs and potentially affect the trust’s liquidity.
“Having pre-trial evidentiary motions will only result in more expense to the trust and more fees and costs,” the ruling states.
Burton added that the case itself is not particularly complicated, writing: “This case is not complex nor are the allegations raised by the parties.”
A day after the order was issued, Jane Buffett asked the court to pause the ruling while she pursued an appeal, accusing Mozenter in her filing of “continuing to raid” the trust to finance his litigation against her.
She argued that his legal spending could increase now that the court has allowed the expenses to be paid from trust funds.
“Every dollar Mr. Mozenter spends on his litigation against Jane is a dollar taken from the Trust that Jimmy established to support her,” the filing states, adding that the money may never be recovered.
Mozenter pushed back in his response, arguing that Jane Buffett’s motions are themselves draining the trust’s resources.
“If Mrs. Buffett is truly concerned about Mr. Mozenter exhausting the Trust’s assets through the payment of legal fees, she should cease wasting the Court’s time and the Trust’s money with wholly unnecessary motion practice and focus on resolving this action as swiftly and economically as possible,” the filing states.
On Feb. 26, Burton denied Jane Buffett’s request to stay his earlier order, allowing Mozenter to continue using trust funds for legal fees as the case moves forward. Jane Buffett filed her appeal later that day.