reglab/housing_qa huggingface dataset:
FL Stat § 736.08135 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.08135 - Trust accountings.

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 trustee became accountable, that adequately discloses the information required in subsection (2).(2)(a) The accounting must begin with a statement identifying the trust, the trustee furnishing the accounting, and the time period covered by the accounting.(b) The accounting must show all cash and property transactions and all significant transactions affecting administration during the accounting period, including compensation paid to the trustee and the trustee’s agents. Gains and losses realized during the accounting period and all receipts and disbursements must be shown.(c) To the extent feasible, the accounting must identify and value trust assets on hand at the close of the accounting period. For each asset or class of assets reasonably capable of valuation, the accounting shall contain two values, the asset acquisition value or carrying value and the estimated current value. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known.(d) To the extent feasible, the accounting must show significant transactions that do not affect the amount for which the trustee is accountable, including name changes in investment holdings, adjustments to carrying value, a change of custodial institutions, and stock splits.(e) The accounting must reflect the allocation of receipts, disbursements, accruals, or allowances between income and principal when the allocation affects the interest of any beneficiary of the trust.(f) The trustee shall include in the final accounting a plan of distribution for any undistributed assets shown on the final accounting.(3) Subsections (1) and (2) govern the form and content of all trust accountings rendered for any accounting periods beginning on or after January 1, 2003, and all trust accountings rendered on or after July 1, 2018. This subsection does not affect the beginning period from which a trustee is required to render a trust accounting.History.—s. 8, ch. 2006-217; s. 6, ch. 2018-35.
FL Stat § 736.0814 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.0814 - Discretionary powers; tax savings.

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 “uncontrolled,” the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. A court shall not determine that a trustee abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.(2) Subject to subsection (3) and unless the terms of the trust expressly indicate that a rule in this subsection does not apply, a person who is a beneficiary and a trustee may not:(a) Make discretionary distributions of either principal or income to or for the benefit of that trustee, except to provide for that trustee’s health, education, maintenance, or support as described under ss. 2041 and 2514 of the Internal Revenue Code;(b) Make discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the trustee’s fiduciary duties;(c) Make discretionary distributions of either principal or income to satisfy any of the trustee’s legal support obligations; or(d) Exercise any other power, including, but not limited to, the right to remove or to replace any trustee, so as to cause the powers enumerated in paragraph (a), paragraph (b), or paragraph (c) to be exercised on behalf of, or for the benefit of, a beneficiary who is also a trustee.(3) Subsection (2) does not apply to:(a) A power held by the settlor of the trust;(b) A power held by the settlor’s spouse who is the trustee of a trust for which a marital deduction, as defined in s. 2056(a) or s. 2523(a) of the Internal Revenue Code of 1986, as amended, was previously allowed;(c) Any trust during any period that the trust may be revoked or amended by its settlor; or(d) A trust if contributions to the trust qualify for the annual exclusion under s. 2503(c) of the Internal Revenue Code of 1986, as amended.(4) A power whose exercise is limited or prohibited by subsection (2) may be exercised by the remaining trustees whose exercise of the power is not so limited or prohibited. If there is no trustee qualified to exercise the power, on petition by any qualified beneficiary, the court may appoint an independent trustee with authority to exercise the power.(5) A person who has the right to remove or to replace a trustee does not possess nor may that person be deemed to possess, by virtue of having that right, the powers of the trustee that is subject to removal or to replacement.History.—s. 8, ch. 2006-217.
FL Stat § 736.08147 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.08147 - Duty to distribute trust income.

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 income and the frequency of distributions, the trustee shall distribute all net income, as defined in chapter 738, to the spouse no less frequently than annually. This provision shall apply to any trust established before, on, or after July 1, 2007, unless the trust instrument expressly directs or permits net income to be distributed less frequently than annually.History.—s. 8, ch. 2006-217.
FL Stat § 736.0815 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.0815 - General powers of trustee.

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 limited by the terms of the trust:1. All powers over the trust property that an unmarried competent owner has over individually owned property.2. Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property.3. Any other powers conferred by this code.(2) The exercise of a power is subject to the fiduciary duties prescribed by this code.History.—s. 8, ch. 2006-217.
FL Stat § 736.08165 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.08165 - Administration pending outcome of contest or other proceeding.

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 of a trust, the trustee shall proceed with the administration of the trust as if no proceeding had been commenced, except no action may be taken and no distribution may be made to a beneficiary in contravention of the rights of those persons who may be affected by the outcome of the proceeding.(2) Upon motion of a party and after notice to interested persons, a court, on good cause shown, may make an exception to the prohibition under subsection (1) and authorize the trustee to act or to distribute trust assets to a beneficiary subject to any conditions the court, in the court’s discretion, may impose, including the posting of bond by the beneficiary.History.—s. 8, ch. 2006-217.
FL Stat § 736.0817 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)|736.0817 - Distribution on termination.

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 entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. The provisions of this section are in addition to and are not in derogation of the rights of a trustee under the common law with respect to final distribution of a trust.History.—s. 8, ch. 2006-217.
FL Stat § 736.0901 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part IX - Trust Investments (Ss. 736.0901, 736.0902)|736.0901 - Applicability of chapter 518.

736.0901 Applicability of chapter 518.—A trustee shall invest trust property in accordance with chapter 518.History.—s. 9, ch. 2006-217.
FL Stat § 736.1001 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1001 - Remedies for breach of trust.

736.1001 Remedies for breach of trust.—(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.(2) To remedy a breach of trust that has occurred or may occur, the court may:(a) Compel the trustee to perform the trustee’s duties;(b) Enjoin the trustee from committing a breach of trust;(c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means;(d) Order a trustee to account;(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;(f) Suspend the trustee;(g) Remove the trustee as provided in s. 736.0706;(h) Reduce or deny compensation to the trustee;(i) Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or(j) Order any other appropriate relief.(3) As an illustration of the remedies available to the court and without limiting the court’s discretion as provided in subsection (2), if a breach of trust results in the favoring of any beneficiary to the detriment of any other beneficiary or consists of an abuse of the trustee’s discretion:(a) To the extent the breach of trust has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to pay from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position.(b) To the extent the breach of trust has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or by requiring that beneficiary to return some or all of the distribution to the trust.History.—s. 10, ch. 2006-217; s. 147, ch. 2007-5; s. 19, ch. 2007-153.
FL Stat § 736.1003 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1003 - Damages in absence of breach.

736.1003 Damages in absence of breach.—Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.History.—s. 10, ch. 2006-217.
FL Stat § 736.1004 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1004 - Attorney’s fees and costs.

736.1004 Attorney’s fees and costs.—(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and(b) In proceedings arising under ss. 736.0410-736.0417,the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.History.—s. 10, ch. 2006-217.
FL Stat § 736.1005 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1005 - Attorney fees for services to the trust.

736.1005 Attorney fees for services to the trust.—(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid.(a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper.(b) In the exercise of its discretion, the court may consider the following factors:1. The relative impact of an assessment on the estimated value of each person’s part of the trust.2. The amount of attorney fees to be assessed against a person’s part of the trust.3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding.4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding.5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed.6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.8. Any other relevant fact, circumstance, or equity.(c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.History.—s. 10, ch. 2006-217; s. 7, ch. 2015-27.
FL Stat § 736.1006 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1006 - Costs in trust proceedings.

736.1006 Costs in trust proceedings.—(1) In all trust proceedings, costs may be awarded as in chancery actions.(2) If costs are to be paid from the trust under subsection (1) or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the costs shall be paid. All or any part of the costs to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. In the exercise of its discretion, the court may consider the factors set forth in s. 736.1005(2).History.—s. 10, ch. 2006-217; s. 8, ch. 2015-27.
FL Stat § 736.1009 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1009 - Reliance on trust instrument.

736.1009 Reliance on trust instrument.—A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.History.—s. 10, ch. 2006-217.
FL Stat § 736.1010 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1010 - Event affecting administration or distribution.

736.1010 Event affecting administration or distribution.—If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack of knowledge.History.—s. 10, ch. 2006-217.
FL Stat § 736.1011 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1011 - Exculpation of trustee.

736.1011 Exculpation of trustee.—(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or(b) Was inserted into the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship with the settlor.(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:(a) The trustee proves that the exculpatory term is fair under the circumstances.(b) The term’s existence and contents were adequately communicated directly to the settlor or the independent attorney of the settlor. This paragraph applies only to trusts created on or after July 1, 2007.History.—s. 10, ch. 2006-217; s. 6, ch. 2007-153.
FL Stat § 736.1012 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1012 - Beneficiary’s consent, release, or ratification.

736.1012 Beneficiary’s consent, release, or ratification.—A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach.History.—s. 10, ch. 2006-217.
FL Stat § 736.1013 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1013 - Limitation on personal liability of trustee.

736.1013 Limitation on personal liability of trustee.—(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is personally at fault.(3) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.(4) Issues of liability between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or in any other appropriate proceeding.History.—s. 10, ch. 2006-217.
FL Stat § 736.1014 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1014 - Limitations on actions against certain trusts.

736.1014 Limitations on actions against certain trusts.—(1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the settlor. Such claims and causes of action against the settlor shall be presented and enforced against the settlor’s estate as provided in part VII of chapter 733, and the personal representative of the settlor’s estate may obtain payment from the trustee of a trust described in s. 733.707(3) as provided in ss. 733.607(2), 733.707(3), and 736.05053.(2) This section does not preclude a direct action against a trust described in s. 733.707(3), the trustee of the trust, or a beneficiary of the trust that is not dependent on the individual liability of the settlor.(3) This section does not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.History.—s. 10, ch. 2006-217.
FL Stat § 736.1015 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)|736.1015 - Interest as general partner.

736.1015 Interest as general partner.—(1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to a Uniform Partnership Act or Uniform Limited Partnership Act.(2) A trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.(3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.History.—s. 10, ch. 2006-217.