736.0810

Recordkeeping and identification of trust property.

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736.0810 Recordkeeping and identification of trust property.—

(1) A trustee shall keep clear, distinct, and accurate records of the administration of the trust.

(2) A trustee shall keep trust property separate from the trustee’s own property.

(3) Except as otherwise provided in subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

(4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.

History.—s. 8, ch. 2006-217.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2023 · leading case: Lacava v. Oleksyk

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Lacava v. Oleksyk (2023) flmd “0804, to avoid commingling funds, § 736.0810, and to provide an accounting of trust property to qualified beneficiaries, § 736.”

Maue-Kessler v. Maue (2019) wawb “0803 (duty 2 of impartiality when trust has two or more beneficiaries); Fla. Stat. § 736.0810 (duty to keep distinct, clear 3 and accurate records); Fla.”

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