Florida Statute 736.0504 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0504

736.0504 Discretionary trusts; effect of standard.—

(1) As used in this section, the term “discretionary distribution” means a distribution that is subject to the trustee’s discretion whether or not the discretion is expressed in the form of a standard of distribution and whether or not the trustee has abused the discretion.

(2) Whether or not a trust contains a spendthrift provision, if a trustee may make discretionary distributions to or for the benefit of a beneficiary, a creditor of the beneficiary, including a creditor as described in s. 736.0503(2), may not:

(a) Compel a distribution that is subject to the trustee’s discretion; or

(b) Attach or otherwise reach the interest, if any, which the beneficiary might have as a result of the trustee’s authority to make discretionary distributions to or for the benefit of the beneficiary.

(3) If the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor’s claim were the beneficiary not acting as trustee.

(4) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.

History.—s. 5, ch. 2006-217; s. 14, ch. 2007-153.

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Amendments to 736.0504

Arrestable Offenses / Crimes under Fla. Stat. 736.0504

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0504.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0504

Total Results: 3

Inglis v. Casselberry

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

Citation: 137 So. 3d 389, 2013 WL 6212021, 2013 Fla. App. LEXIS 18905

Snippet: opined that the applicable trust statute, section 736.0504, Florida Statutes (2011), prohibits any creditor

Berlinger v. Casselberry

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

Citation: 133 So. 3d 961, 2013 WL 6212023, 2013 Fla. App. LEXIS 18908

Snippet: opined that the applicable trust statute, section 736.0504, prohibited any creditor, including Cassel-berry

Miller v. Kresser

Court: District Court of Appeal of Florida | Date Filed: 2010-05-05

Citation: 34 So. 3d 172, 2010 Fla. App. LEXIS 6152, 2010 WL 1779899

Snippet: those distributions the trustee chooses to make. § 736.0504(2), Fla. Stat. (2009). The creditor may not compel