Florida Statute 736.0506 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

F.S. 736.0506

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.

F.S. 736.0506 on Google Scholar

F.S. 736.0506 on Casetext

Amendments to 736.0506

Arrestable Offenses / Crimes under Fla. Stat. 736.0506

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0506.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0506

Total Results: 1

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