Florida Statutes
Fla. Stat. § 736.0811 (2025)
Enforcement and defense of claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.0811 Enforcement and defense of claims.—A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2013–2025 · leading case: Raymond Loubier Irrevocable Trust v. Noella Loubier, 858 F.3d 719 (2d Cir. 2017).
Raymond Loubier Irrevocable Trust v. Noella Loubier, 858 F.3d 719 (2d Cir. 2017). “Florida follows this rule, both when a trustee initiates claims on behalf of the trust, see Fla. Stat. § 736.0811 (stating that trustee must take reasonable steps to enforce claims of trust), and when he defends against them, see First Union Nat’l Bank v.”
Jerry Schwab v. Huntington Nat'l Bank, 516 F. App'x 545 (6th Cir. 2013). “0816 (14) (emphasis added); see also Fla. Stat. § 736.0811 (“A trustee shall take reasonable steps to .”
Cassidy v. Citrus Cnty. Mosquito Control Dist. (M.D. Fla. 2025). “1 at 5 (“As Trustee of the above mentioned property I have a contractual duty, privilege, and right to preserve the property and my health so I can fully carry out my duties as Trustee for the Maximus James Trust.”
Prewitt v. Kimmons, 237 So. 3d 1158 (Fla. 5th DCA 2018). “§ 736.0811 (“A trustee shall take reasonable steps to enforce claims of the trust .”
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