736.0815
General powers of trustee.
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736.0815 General powers of trustee.—
(1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise:
(a) Powers conferred by the terms of the trust.
(b) Except as limited by the terms of the trust:
1. All powers over the trust property that an unmarried competent owner has over individually owned property.
2. Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property.
3. Any other powers conferred by this code.
(2) The exercise of a power is subject to the fiduciary duties prescribed by this code.
History.—s. 8, ch. 2006-217.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2023–2023 · leading case: JENNIFER ROLLER, ANDREA SOULE, AND KATHLEEN DOUD, AS BENEFICIARIES OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990 v
JENNIFER ROLLER, ANDREA SOULE, AND KATHLEEN DOUD, AS BENEFICIARIES OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990 v (2023)
“Under section 736.0815, Florida Statutes (2021), the trustee is accorded “any other powers appropriate to achieve the proper investment, management and 7 distribution of the property,” as well as “any other powers conferred by the [Florida Trust Code].”
— 736.0815(1) — 1 case
JENNIFER ROLLER, ANDREA SOULE, AND KATHLEEN DOUD, AS BENEFICIARIES OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990 v (2023)
“Under section 736.0815, Florida Statutes (2021), the trustee is accorded “any other powers appropriate to achieve the proper investment, management and 7 distribution of the property,” as well as “any other powers conferred by the [Florida Trust Code].”
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