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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLII
Chapter 736
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F.S. 736.08125
736.08125 Protection of successor trustees.
(1) A successor trustee is not personally liable for actions taken by any prior trustee, nor does any successor trustee have a duty to institute any proceeding against any prior trustee, or file any claim against any prior trustee’s estate, for any of the prior trustee’s actions as trustee under any of the following circumstances:
(a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlor served as trustee;
(b) As to any beneficiary who has waived any accounting required by s. 736.0813, but only as to the periods included in the waiver;
(c) As to any beneficiary who has released the successor trustee from the duty to institute any proceeding or file any claim;
(d) As to any person who is not an eligible beneficiary; or
(e) As to any eligible beneficiary:
1. If a super majority of the eligible beneficiaries have released the successor trustee;
2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute an action or file a claim against the prior trustee within 6 months after the date of the successor trustee’s acceptance of the trust, if the successor trustee has notified the eligible beneficiary in writing of acceptance by the successor trustee in accordance with s. 736.0813(1)(a) and that writing advises the beneficiary that, unless the beneficiary delivers the written request within 6 months after the date of acceptance, the right to proceed against the successor trustee will be barred pursuant to this section; or
3. For any action or claim that the eligible beneficiary is barred from bringing against the prior trustee.
(2) For the purposes of this section, the term:
(a) “Eligible beneficiaries” means:
1. At the time the determination is made, if there are one or more beneficiaries as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (c); or
2. If there is no beneficiary as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (b).
(b) “Super majority of eligible beneficiaries” means at least two-thirds in interest of the eligible beneficiaries if the interests of the eligible beneficiaries are reasonably ascertainable, otherwise, at least two-thirds in number of the eligible beneficiaries.
(3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or any beneficiary to pursue an action or claim against the prior trustee.
History.s. 8, ch. 2006-217; s. 19, ch. 2013-172; s. 42, ch. 2021-183.