Florida Statutes
Fla. Stat. § 736.1013 (2025)
Limitation on personal liability of trustee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.1013 Limitation on personal liability of trustee.—
(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
(3) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.
(4) Issues of liability between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or in any other appropriate proceeding.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2024 · leading case: Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC), 557 B.R. 89 (Bankr. S.D.N.Y. 2016).
Picard v. Avellino (In re Bernard L. Madoff Inv. Sec. LLC), 557 B.R. 89 (Bankr. S.D.N.Y. 2016). “” Fla. Stat. § 736.1013 (2). 30 The Avellino Trusts’ fraudulent transfer liability arises from Avellino’s control over their IA Accounts through his role as trustee, presumably rendering him personally liable for their fraudulent transfer debts.”
Sciaretta v. Lincoln Nat'l Life Ins., 899 F. Supp. 2d 1318 (S.D. Fla. 2012). “To support his contention, Muchnick cites Fla. Stat. § 736.1013 (2) (2011) which provides: A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is…”
Transamerica Life Ins. Co. v. White (M.D. Fla. 2024). “Transamerica contends that such allegations would make the trustee personally at fault and, therefore, individually liable pursuant to § 736.1013(2). . . . “It constitutes conversion for a creditor to apply such funds of the debtor in a way which is expressly contrary to the…”
— 736.1013(2) — 1 case
Transamerica Life Ins. Co. v. White (M.D. Fla. 2024). “Transamerica contends that such allegations would make the trustee personally at fault and, therefore, individually liable pursuant to § 736.1013(2). . . . “It constitutes conversion for a creditor to apply such funds of the debtor in a way which is expressly contrary to the…”
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