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2002 Florida Statutes

SECTION 609
Improper exercise of power; breach of fiduciary duty.
Section 733.609, Florida Statutes 2002

733.609  Improper exercise of power; breach of fiduciary duty.--A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative's powers, the court shall award taxable costs as in chancery actions, including attorney's fees.

History.--s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1006, ch. 97-102; s. 132, ch. 2001-226.