House Bill 1659c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1659
By the Committee on Real Property & Probate and
Representatives Bilirakis, Crow, C. Green, Detert, Henriquez
and Dockery
1 A bill to be entitled
2 An act relating to trusts and trust powers;
3 creating s. 737.2035, F.S.; providing for costs
4 and attorney's fees in trust proceedings;
5 providing applicability; amending s. 737.306,
6 F.S.; revising standards governing when a
7 successor trustee is not under a duty to
8 institute an action against a prior trustee or
9 the prior trustee's estate; providing an
10 effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 737.2035, Florida Statutes, is
15 created to read:
16 737.2035 Costs and attorney's fees in trust
17 proceedings.--
18 (1) In all trust proceedings, costs may be awarded as
19 in chancery actions.
20 (2) Any attorney who has rendered services to a trust
21 may apply to the court for an order awarding attorney's fees,
22 and, after notice and service upon the trustee and all
23 beneficiaries entitled to an accounting under s. 737.303, the
24 court shall enter its order on the fee application.
25 (3) When costs and attorney's fees are to be paid out
26 of the trust, the court may, in its discretion, direct from
27 what part of the trust they shall be paid.
28 (4) The provisions of this section shall apply only to
29 services of an attorney rendered on or after July 1, 1999.
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Florida House of Representatives - 1999 CS/HB 1659
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1 Section 2. Subsection (3) of section 737.306, Florida
2 Statutes, is amended, and subsection (5) is added to said
3 section, to read:
4 737.306 Personal liability of trustee.--
5 (3) A successor trustee succeeding a trustee who was
6 also the grantor of the trust is not personally liable for any
7 action taken or omitted to be taken by any such prior trustee;
8 nor does any such successor trustee have a duty to institute
9 any action against any such prior trustee, or file any claim
10 against any such prior trustee's estate, for any of the prior
11 trustee's acts or omissions as trustee under any of the
12 following circumstances:. This subsection applies only with
13 respect to a trust that is revocable during the time that the
14 grantor serves as trustee.
15 (a) The successor trustee succeeds a trustee who was
16 also the grantor of a trust that was revocable during the time
17 that the grantor served as trustee;
18 (b) As to any beneficiary who has waived any
19 accounting required by s. 737.303, but only as to the periods
20 included in such waiver;
21 (c) As to any beneficiary who has released the
22 successor trustee from such duty to institute any action or
23 file any claim;
24 (d) As to any person who is not a beneficiary within
25 the meaning of s. 737.303(4)(b); or
26 (e) As to any beneficiary described in s.
27 737.303(4)(b):
28 1. If a super majority of the reasonably ascertainable
29 current income or principal beneficiaries described in s.
30 737.303(4)(b)1. and a super majority of the reasonably
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 1659
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1 ascertainable remainder beneficiaries described in s.
2 737.303(4)(b)2. have released the successor trustee;
3 2. If the beneficiary has not delivered a written
4 request to the successor trustee to institute an action or
5 file a claim against the prior trustee within 6 months after
6 the date of the successor trustee's acceptance of the trust,
7 if the successor trustee has notified the beneficiary in
8 writing of its acceptance in accordance with s. 737.303(1) and
9 such writing advises the beneficiary that, unless the
10 beneficiary delivers such written request within 6 months
11 after the date of acceptance, his or her right to proceed
12 against the successor trustee will be barred pursuant to this
13 section; or
14 3. For any action or claim that the beneficiary is
15 barred from bringing against the prior trustee.
16 (5) For the purposes of this section, a super majority
17 of beneficiaries means at least two-thirds in interest of the
18 beneficiaries if the interests of the beneficiaries are
19 reasonably ascertainable; otherwise, it means at least
20 two-thirds in number of the beneficiaries. A release or waiver
21 under this section may be exercised by a legal representative
22 or natural guardian of the beneficiary without the filing of
23 any proceeding or approval of any court. Nothing in subsection
24 (3) affects any liability of the prior trustee or the right of
25 the successor trustee or any beneficiary to pursue an action
26 or claim against the prior trustee.
27 Section 3. This act shall take effect July 1, 1999.
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