Florida Statute 736.0506 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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736.0506 Overdue distribution.—

(1) As used in this section, the term “mandatory distribution” means a distribution of income or principal the trustee is required to make to a beneficiary under the terms of the trust, including a distribution on termination of the trust. The term does not include a distribution subject to the exercise of the trustee’s discretion, even if:

(a) The discretion is expressed in the form of a standard of distribution; or

(b) The terms of the trust authorizing a distribution couple language of discretion with language of direction.

(2) A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date, whether or not a trust contains a spendthrift provision.

History.—s. 5, ch. 2006-217.

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Amendments to 736.0506

Annotations, Discussions, Cases:

Cases Citing Statute 736.0506

Total Results: 1

Miller v. Kresser

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

District Court of Appeal of Florida | Filed: May 5, 2010 | Docket: 1129755

Cited 4 times | Published

time after the designated distribution date. § 736.0506(2), Fla. Stat. (2009). Courts have invalidated

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