Florida Statutes

Fla. Stat. § 736.0506 (2025)

Overdue distribution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2010–2023 · leading case: Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).

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Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). · cites it 2× “§ 736.0506(2), Fla. Stat. (2009). Courts have invalidated spendthrift provisions where a trust provides a beneficiary with express control to demand distributions from the trust or terminate the trust and acquire trust assets.”

Weinman v. Warren (M.D. Fla. 2023). · cites it 4× “Count I – Overdue Distribution Plaintiff, as trustee of the Debtor’s bankruptcy estate, seeks an overdue distribution from the Wander Trust pursuant to Fla. Stat. § 736.0506 (2) in Count I. Doc.”

— 736.0506(2) — 1 case

Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). “§ 736.0506(2), Fla. Stat. (2009). Courts have invalidated spendthrift provisions where a trust provides a beneficiary with express control to demand distributions from the trust or terminate the trust and acquire trust assets.”

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