Florida Statute 736.1013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.1013

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.

History.—s. 10, ch. 2006-217.

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Amendments to 736.1013

Arrestable Offenses / Crimes under Fla. Stat. 736.1013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.1013.

Annotations, Discussions, Cases:

Cases Citing Statute 736.1013

Total Results: 2

Doris Rich Corya, etc. v. Roy Sanders

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

Citation: 155 So. 3d 1279, 2015 Fla. App. LEXIS 1846

Snippet: against the trustee personally. §§ 736.1002(1), 736.1013(2), Fla. Stat. (2008).6 Regardless of whether

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Snippet: against the trustee personally. §§ 736.1002(1), 736.1013(2), Fla. Stat. (2008).5 Regardless of whether