Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 736.1013 - Full Text and Legal Analysis
Florida Statute 736.1013 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 736.1013 Case Law from Google Scholar Google Search for Amendments to 736.1013

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
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.

F.S. 736.1013 on Google Scholar

F.S. 736.1013 on CourtListener

Amendments to 736.1013


Annotations, Discussions, Cases:

Cases Citing Statute 736.1013

Total Results: 1

Sciaretta v. Lincoln National Life Insurance

899 F. Supp. 2d 1318, 2012 WL 5195944

District Court, S.D. Florida | Filed: Feb 15, 2012 | Docket: 65985723

Published

support his contention, Muchnick cites Fla. Stat. § 736.1013(2) (2011) which provides: A trustee is personally