reglab/housing_qa huggingface dataset:
FL Stat § 736.0604 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VI - Revocable Trusts (Ss. 736.0601-736.0604)|736.0604 - Limitation on action contesting validity of revocable trust.

736.0604 Limitation on action contesting validity of revocable trust.—An action to contest the validity of a trust that was revocable at the settlor’s death is barred, if not commenced within the earlier of:(1) The time as provided in chapter 95; or(2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.History.—s. 6, ch. 2006-217.
FL Stat § 736.0701 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0701 - Accepting or declining trusteeship.

736.0701 Accepting or declining trusteeship.—(1) Except as otherwise provided in subsection (3), a person designated as trustee accepts the trusteeship:(a) By substantially complying with a method of acceptance provided in the terms of the trust; or(b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.(2) A person designated as trustee who has not accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship.(3) A person designated as trustee may, without accepting the trusteeship:(a) Act to preserve the trust property if, within a reasonable time after acting, the person sends to a qualified beneficiary a written statement declining the trusteeship.(b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.History.—s. 7, ch. 2006-217.
FL Stat § 736.0702 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0702 - Trustee’s bond.

736.0702 Trustee’s bond.—(1) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.(2) The court may specify the amount of a bond, the trustee’s liabilities under the bond, and whether sureties are necessary. The court may modify or terminate a bond at any time.History.—s. 7, ch. 2006-217.
FL Stat § 736.0703 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0703 - Cotrustees.

736.0703 Cotrustees.—(1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees or a majority of the remaining cotrustees may act for the trust.(3) Subject to s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, a cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other provision of law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another cotrustee.(4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.(5) A cotrustee may not delegate to another cotrustee the performance of a function the settlor reasonably expected the cotrustees to perform jointly, except that a cotrustee may delegate investment functions to a cotrustee pursuant to and in compliance with s. 518.112. A cotrustee may revoke a delegation previously made.(6) Except as otherwise provided in subsection (7), a cotrustee who does not join in an action of another cotrustee is not liable for the action.(7) Except as otherwise provided in s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, each cotrustee shall exercise reasonable care to:(a) Prevent a cotrustee from committing a breach of trust.(b) Compel a cotrustee to redress a breach of trust.(8) A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action.History.—s. 7, ch. 2006-217; s. 1, ch. 2008-76; s. 5, ch. 2009-117; s. 1, ch. 2014-115; s. 7, ch. 2021-183.
FL Stat § 736.0704 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0704 - Vacancy in trusteeship; appointment of successor.

736.0704 Vacancy in trusteeship; appointment of successor.—(1) A vacancy in a trusteeship occurs if:(a) A person designated as trustee declines the trusteeship;(b) A person designated as trustee cannot be identified or does not exist;(c) A trustee resigns;(d) A trustee is disqualified or removed;(e) A trustee dies; or(f) A trustee is adjudicated to be incapacitated.(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.(3) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:(a) By a person named or designated pursuant to the terms of the trust to act as successor trustee.(b) By a person appointed by unanimous agreement of the qualified beneficiaries.(c) By a person appointed by the court.(4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:(a) By a person named or designated pursuant to the terms of the trust to act as successor trustee.(b) By a person selected by unanimous agreement of the charitable organizations expressly designated to receive distributions under the terms of the trust.(c) By a person appointed by the court.(5) The court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled.History.—s. 7, ch. 2006-217.
FL Stat § 736.0705 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0705 - Resignation of trustee.

736.0705 Resignation of trustee.—(1) A trustee may resign:(a) Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or(b) With the approval of the court.(2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.(3) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation.History.—s. 7, ch. 2006-217.
FL Stat § 736.0706 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0706 - Removal of trustee.

736.0706 Removal of trustee.—(1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.(2) The court may remove a trustee if:(a) The trustee has committed a serious breach of trust;(b) The lack of cooperation among cotrustees substantially impairs the administration of the trust;(c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or(d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.History.—s. 7, ch. 2006-217.
FL Stat § 736.0707 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0707 - Delivery of property by former trustee.

736.0707 Delivery of property by former trustee.—(1) Unless a cotrustee remains in office or the court otherwise orders and until the trust property is delivered to a successor trustee or other person entitled to the property, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.(2) A trustee who has resigned or been removed shall within a reasonable time deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person 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 subsection are in addition to and are not in derogation of the rights of a removed or resigning trustee under the common law.History.—s. 7, ch. 2006-217.
FL Stat § 736.0709 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part VII - Office of Trustee (Ss. 736.0701-736.0709)|736.0709 - Reimbursement of expenses.

736.0709 Reimbursement of expenses.—(1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for reasonable expenses that were properly incurred in the administration of the trust.(2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.History.—s. 7, ch. 2006-217.
FL Stat § 736.0801 (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)|736.0801 - Duty to administer trust.

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 the beneficiaries, and in accordance with this code.History.—s. 8, ch. 2006-217.
FL Stat § 736.0803 (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)|736.0803 - Impartiality.

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 interests.History.—s. 8, ch. 2006-217.
FL Stat § 736.0804 (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)|736.0804 - Prudent administration.

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 satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.History.—s. 8, ch. 2006-217.
FL Stat § 736.0805 (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)|736.0805 - Expenses of administration.

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 the skills of the trustee.History.—s. 8, ch. 2006-217.
FL Stat § 736.0806 (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)|736.0806 - Trustee’s skills.

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 expertise, shall use those special skills or expertise.History.—s. 8, ch. 2006-217.
FL Stat § 736.0807 (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)|736.0807 - Delegation by trustee.

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 s. 518.112. The trustee shall exercise reasonable care, skill, and caution in:(a) Selecting an agent.(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust.(c) Reviewing the agent’s actions periodically, in order to monitor the agent’s performance and compliance with the terms of the delegation.(2) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.(3) A trustee who complies with subsection (1) and, when investment functions are delegated, s. 518.112 is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.History.—s. 8, ch. 2006-217; s. 6, ch. 2009-117; s. 13, ch. 2013-172.
FL Stat § 736.0809 (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)|736.0809 - Control and protection of trust property.

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.
FL Stat § 736.0810 (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)|736.0810 - Recordkeeping and identification of trust property.

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 property.(3) Except as otherwise provided in subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.(4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.History.—s. 8, ch. 2006-217.
FL Stat § 736.08105 (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)|736.08105 - Duty to ascertain marketable title of trust real property.

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 title until a marketable title is required for a sale or conveyance of the real property.History.—s. 8, ch. 2006-217.
FL Stat § 736.0811 (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)|736.0811 - Enforcement and defense of claims.

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.
FL Stat § 736.0812 (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)|736.0812 - Collecting trust property.

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 in s. 736.08125, to redress a breach of trust known to the trustee to have been committed by a former trustee.History.—s. 8, ch. 2006-217.
FL Stat § 736.08125 (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)|736.08125 - Protection of successor trustees.

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 proceeding against any prior trustee, or file any claim against any prior trustee’s estate, for any of the prior trustee’s actions as trustee under any of the following circumstances:(a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlor served as trustee;(b) As to any beneficiary who has waived any accounting required by s. 736.0813, but only as to the periods included in the waiver;(c) As to any beneficiary who has released the successor trustee from the duty to institute any proceeding or file any claim;(d) As to any person who is not an eligible beneficiary; or(e) As to any eligible beneficiary:1. If a super majority of the eligible beneficiaries have released the successor trustee;2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute an action or file a claim against the prior trustee within 6 months after the date of the successor trustee’s acceptance of the trust, if the successor trustee has notified the eligible beneficiary in writing of acceptance by the successor trustee in accordance with s. 736.0813(1)(a) and that writing advises the beneficiary that, unless the beneficiary delivers the written request within 6 months after the date of acceptance, the right to proceed against the successor trustee will be barred pursuant to this section; or3. For any action or claim that the eligible beneficiary is barred from bringing against the prior trustee.(2) For the purposes of this section, the term:(a) “Eligible beneficiaries” means:1. At the time the determination is made, if there are one or more beneficiaries as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (c); or2. If there is no beneficiary as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (b).(b) “Super majority of eligible beneficiaries” means at least two-thirds in interest of the eligible beneficiaries if the interests of the eligible beneficiaries are reasonably ascertainable, otherwise, at least two-thirds in number of the eligible beneficiaries.(3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or any beneficiary to pursue an action or claim against the prior trustee.History.—s. 8, ch. 2006-217; s. 19, ch. 2013-172; s. 42, ch. 2021-183.
FL Stat § 736.0813 (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)|736.0813 - Duty to inform and account.

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, but is not limited to, the following:(a) Within 60 days after acceptance of the trust, the trustee shall give notice to the qualified beneficiaries of the acceptance of the trust, the full name and address of the trustee, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.(b) Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice to the qualified beneficiaries of the trust’s existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, the right to accountings under this section, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.(c) Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument.(d) A trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee.(e) Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration.Paragraphs (a) and (b) do not apply to an irrevocable trust created before the effective date of this code, or to a revocable trust that becomes irrevocable before the effective date of this code. Paragraph (a) does not apply to a trustee who accepts a trusteeship before the effective date of this code.(2) A qualified beneficiary may waive the trustee’s duty to account under paragraph (1)(d). A qualified beneficiary may withdraw a waiver previously given. Waivers and withdrawals of prior waivers under this subsection must be in writing. Withdrawals of prior waivers are effective only with respect to accountings for future periods.(3) The representation provisions of part III apply with respect to all rights of a qualified beneficiary under this section.(4) As provided in s. 736.0603(1), the trustee’s duties under this section extend only to the settlor while a trust is revocable.(5) This section applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007.History.—s. 8, ch. 2006-217; s. 15, ch. 2007-153; s. 11, ch. 2011-183; s. 14, ch. 2013-172.