Florida Statutes
Fla. Stat. § 736.0707 (2025)
Delivery of property by former trustee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025).
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “” § 736.0707(1), Fla. Stat. (2016). A trustee must exercise discretionary powers “in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.”
— 736.0707(1) — 1 case
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “” § 736.0707(1), Fla. Stat. (2016). A trustee must exercise discretionary powers “in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.”
— 736.0707(2) — 1 case
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “” § 736.0707(1), Fla. Stat. (2016). A trustee must exercise discretionary powers “in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.”
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