Florida Statutes Part VIII - Duties And Powers Of Trustee (Ss. 736.0801-736.0817)

• 736.0801 - Duty To Administer Trust.
  Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of...
• 736.0802 - Duty Of Loyalty.
  (1) As between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries.(2) Subject to the rights of persons...
• 736.0803 - Impartiality.
  If a trust has two or more beneficiaries, the trustee shall act impartially in administering the trust property, giving due regard to the beneficiaries’ respective...
• 736.0804 - Prudent Administration.
  A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In...
• 736.0805 - Expenses Of Administration.
  In administering a trust, the trustee shall only incur expenses that are reasonable in relation to the trust property, the purposes of the trust, and...
• 736.0806 - Trustee’s Skills.
  A trustee who has special skills or expertise, or is named trustee in reliance on the trustee’s representation that the trustee has special skills or...
• 736.0807 - Delegation By Trustee.
  (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances, including investment functions pursuant to...
• 736.0808 - Powers To Direct.
  (1) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to the terms of the trust while...
• 736.0809 - Control And Protection Of Trust Property.
  A trustee shall take reasonable steps to take control of and protect the trust property.History.—s. 8, ch. 2006-217.
• 736.0810 - Recordkeeping And Identification Of Trust Property.
  (1) A trustee shall keep clear, distinct, and accurate records of the administration of the trust.(2) A trustee shall keep trust property separate from the trustee’s own...
• 736.08105 - Duty To Ascertain Marketable Title Of Trust Real Property.
  A trustee holding title to real property received from a settlor or estate shall not be required to obtain title insurance or proof of marketable...
• 736.0811 - Enforcement And Defense Of Claims.
  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.History.—s. 8, ch. 2006-217.
• 736.0812 - Collecting Trust Property.
  A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and, except as provided...
• 736.08125 - Protection Of Successor Trustees.
  (1) A successor trustee is not personally liable for actions taken by any prior trustee, nor does any successor trustee have a duty to institute any...
• 736.0813 - Duty To Inform And Account.
  The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.(1) The trustee’s duty to inform and account includes,...
• 736.08135 - Trust Accountings.
  (1) A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date on which the...
• 736.0814 - Discretionary Powers; Tax Savings.
  (1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute,” “sole,” or...
• 736.08147 - Duty To Distribute Trust Income.
  If a will or trust instrument granting income to the settlor’s or testator’s spouse for life is silent as to the time of distribution of...
• 736.0815 - General Powers Of Trustee.
  (1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise:(a) Powers conferred by the terms of the trust.(b) Except as...
• 736.0816 - Specific Powers Of Trustee.
  Except as limited or restricted by this code, a trustee may:(1) Collect trust property and accept or reject additions to the trust property from a settlor,...
• 736.08163 - Powers Of Trustees Relating To Environmental Or Human Health Laws Or To Trust Property Contaminated With Hazardous Or Toxic Substances; Liability.
  (1) From the creation of a trust until final distribution of the assets from the trust, the trustee has, without court authorization, the powers specified in...
• 736.08165 - Administration Pending Outcome Of Contest Or Other Proceeding.
  (1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or part...
• 736.0817 - Distribution On Termination.
  Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons...

Last modified: September 23, 2016