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Devwa ak responsablite administratè nan Florid apre yon lanmò

Lè yon konfyans (Trust) nan Florid vin irevokab apre yon lanmò, administratè siksesè a pran reskonsablite reyèl — administre ak bòn fwa, aji ak lwayote e san paspouki, kenbe dosye, enfòme benefisyè yo, epi rann kont lè sa nesesè. Premye bon mouvman an se òganize epi konfime wòl ou anvan ou aji.

Montre nan lang ou kòm yon tradiksyon otomatik, ki ap tann revizyon yon moun ki pale lang lan natifnatal. Rezime lwa yo ak orijinal anglè a rete sous referans lan.

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Dispozisyon kle nan Kòd Konfyans Florid la

  • Life insurance policies; disposition of proceeds

    § 222.13 ↗

    Proceeds of a life insurance policy payable to a named beneficiary are generally exempt from the claims of the insured's creditors, subject to statutory conditions.

    Li tèks lalwa a (mo pou mo)
  • Exemption of cash surrender value of life insurance and annuity proceeds

    § 222.14 ↗

    The cash surrender value of life insurance policies and the proceeds of annuity contracts are generally exempt from creditors of the insured/annuitant, subject to statutory conditions.

    Li tèks lalwa a (mo pou mo)
  • Exemption of pension money and certain retirement funds

    § 222.21 ↗

    Money in qualified pension and retirement plans is generally exempt from creditors' claims, subject to statutory conditions.

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  • No exemption for fraudulent transfers

    § 222.29 ↗

    Generally, an exemption under this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726; this can include transfers made with actual intent to hinder, delay, or defraud a creditor as well as certain transfers made without receiving reasonably equivalent value, subject to statutory conditions.

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  • Fraudulent asset conversions

    § 222.30 ↗

    Addresses converting non-exempt assets into exempt assets with intent to hinder, delay, or defraud a creditor, and the remedies available.

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  • Transfers fraudulent as to present and future creditors

    § 726.105 ↗

    Under Florida's Uniform Fraudulent Transfer Act, a transfer may be fraudulent as to a creditor if made with actual intent to hinder, delay, or defraud, or in certain circumstances without receiving reasonably equivalent value.

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  • Transfers fraudulent as to present creditors

    § 726.106 ↗

    Addresses transfers that may be fraudulent as to a creditor whose claim arose before the transfer, including certain transfers for less than reasonably equivalent value while insolvent.

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  • Devise of homestead

    § 732.4015 ↗

    Restricts devise of homestead if the owner is survived by a spouse or minor child, with trust-specific rules.

    Li tèks lalwa a (mo pou mo)
  • Trustee's power to invade principal in trust (decanting)

    § 736.04117 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Rights of a beneficiary's creditor or assignee

    § 736.0501 ↗

    Addresses the extent to which a beneficiary's creditor or assignee may reach the beneficiary's interest in a trust, subject to spendthrift and discretionary-trust rules.

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  • Spendthrift provision

    § 736.0502 ↗

    A spendthrift provision is valid only if it restrains BOTH voluntary and involuntary transfer of a beneficiary's interest. A one-sided restraint may not be effective.

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  • Exceptions to spendthrift provision

    § 736.0503 ↗

    Identifies claims that may reach a beneficiary's interest despite a spendthrift provision (for example, certain support or governmental claims) — exceptions an attorney must evaluate.

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  • Discretionary trusts; effect of standard

    § 736.0504 ↗

    Addresses a creditor's ability to reach distributions from a discretionary trust, including where distributions are subject to a standard, and protections for the trustee's discretion.

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  • Creditors' claims against settlor

    § 736.0505 ↗

    Property of a revocable trust is generally subject to the claims of the settlor's creditors during the settlor's lifetime, to the extent the property is not otherwise exempt. This is why a revocable trust is not, by itself, asset protection for the settlor.

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  • Overdue distribution

    § 736.0506 ↗

    Addresses when a mandatory or overdue distribution a beneficiary is entitled to receive may be reached by the beneficiary's creditor.

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  • Personal obligations of trustee

    § 736.0507 ↗

    Trust property is not subject to the trustee's personal obligations, even if the trustee becomes insolvent or bankrupt — reinforcing that trust property must be kept separate.

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  • Duties owed to settlor while trust is revocable

    § 736.0603 ↗

    While a trust is revocable, the trustee's duties are generally owed exclusively to the settlor. Important for pre-death successor-trustee readiness.

    Li tèks lalwa a (mo pou mo)
  • Limitations on action contesting validity of revocable trust

    § 736.0604 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Duty to administer trust in good faith

    § 736.0801 ↗

    On acceptance, a trustee must administer the trust in good faith, according to its terms and purposes, the interests of beneficiaries, and the Florida Trust Code.

    Li tèks lalwa a (mo pou mo)
  • Duty of loyalty

    § 736.0802 ↗

    The trustee must administer the trust solely in the interests of the beneficiaries; certain conflicted transactions are voidable.

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  • Duty of impartiality

    § 736.0803 ↗

    If a trust has two or more beneficiaries, the trustee must act impartially, giving due regard to their respective interests — not mechanical equality.

    Li tèks lalwa a (mo pou mo)
  • Prudent administration

    § 736.0804 ↗

    The trustee must administer the trust as a prudent person would, considering its purposes, terms, distribution requirements, and circumstances.

    Li tèks lalwa a (mo pou mo)
  • Costs of administration

    § 736.0805 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Trustee's skills

    § 736.0806 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Delegation by trustee

    § 736.0807 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Control and protection of trust property

    § 736.0809 ↗

    The trustee must take reasonable steps to take control of and protect trust property.

    Li tèks lalwa a (mo pou mo)
  • Recordkeeping and segregation of trust property

    § 736.0810 ↗

    The trustee must keep clear records and keep trust property separate from personal property (no commingling).

    Li tèks lalwa a (mo pou mo)
  • Enforcement and defense of claims

    § 736.0811 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Collecting trust property

    § 736.0812 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Duty to inform and account

    § 736.0813 ↗

    The trustee must keep qualified beneficiaries reasonably informed, including 60-day notice duties after acceptance and after a formerly revocable trust becomes irrevocable due to the settlor's death, plus trust-copy and accounting rights.

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  • Trust accountings

    § 736.08135 ↗

    A trust accounting must be a reasonably understandable report identifying the trust, trustee, and period; cash and property transactions; assets and liabilities; and income/principal allocation.

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  • Discretionary powers; trustee-beneficiary limits

    § 736.0814 ↗

    Discretionary powers must be exercised in good faith per the trust's terms and beneficiary interests; a beneficiary-trustee generally cannot make discretionary distributions to themselves except within a health, education, maintenance, and support (HEMS) standard.

    Li tèks lalwa a (mo pou mo)
  • General powers of trustee

    § 736.0815 ↗

    A trustee may exercise powers granted by the trust and those appropriate to manage trust property — always subject to fiduciary duties.

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  • Specific powers of trustee

    § 736.0816 ↗

    Lists specific powers: collect/sell property, deposit funds, borrow, operate a business, manage real estate, lease, insure, pay claims and taxes, hire professionals, make distributions, and wind up the trust.

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  • Remedies for breach of trust

    § 736.1001 ↗

    Sets out the remedies available for a breach of trust.

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  • Limitations on proceedings against trustees

    § 736.1008 ↗

    Eksplikasyon klè e senp; tèks egzak lwa a poko ateste nan bibliyotèk nou an. Gade lwa ofisyèl la nan lyen ki anwo a.

  • Power of trust director

    § 736.1406 ↗
    Li tèks lalwa a (mo pou mo)
  • Limitations on trust director

    § 736.1407 ↗
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  • Duty and liability of directed trustee

    § 736.1409 ↗
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  • No duty to monitor, inform, or advise

    § 736.1411 ↗
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Dat limit administratè Florida: sa lwa yo prevwa

Verifye ak Florida Statutes yo nan dat 2026-09-15. Enfòmasyon jeneral, pa konsèy legal; tèks ofisyèl la ki kòmande.

KilèDelèSa lwa a prevwaBay kiyèsLwa
You are named successor trusteeNo fixed clock. Acting as trustee can itself be an acceptance, and a person who does not accept within a reasonable time is treated as having declined.Decide whether to accept the trusteeship — by the method the trust names, or by taking delivery of trust property or doing a trustee's work.—§736.0701 ↗
You acceptAt once; the statute gives no day-count.Take reasonable steps to take control of and protect the trust property — accounts, real estate, records, insurance.—§736.0809 ↗
You acceptWithin a reasonable time after acceptance.Review the trust's investment assets and decide what to keep and what to sell under Florida's prudent investor rule.—§518.11(1) ↗
You acceptWithin 60 days after acceptance.Give notice of the acceptance, your full name and address, and that the fiduciary lawyer-client privilege of §90.5021 applies to you and any attorney you employ.Each qualified beneficiary§736.0813(1)(a) ↗
You learn the trust has become irrevocable (usually the settlor's death)Within 60 days after acquiring that knowledge.Give notice of the trust's existence, the settlor's identity, the right to request a copy of the trust instrument, the right to accountings, and the §90.5021 privilege.Each qualified beneficiary§736.0813(1)(b) ↗
The settlor diesUpon the death; the statute names no day-count.File a notice of trust stating the settlor's name and date of death, the trust's title and date, and your name and address.The court of the county where the settlor lived (and the court handling the estate, if one is open)§736.05055 ↗
The trust becomes irrevocableBefore the trust receives income or files under its own number.Obtain the trust's employer identification number; a revocable trust used the settlor's Social Security number, and that stops at death.—IRS Form SS-4 ↗Federal
A qualified beneficiary asksUpon reasonable request.Provide a complete copy of the trust instrument, and relevant information about the trust's assets, liabilities and administration.The qualified beneficiary who asked§736.0813(1)(c), (e) ↗
The settlor diesClaims against the decedent are barred two years after death. A probate notice to creditors shortens the window to three months after first publication (30 days after service for a creditor who must be served).Keep a reasonable reserve until the creditor window has closed; distributing everything early is how a trustee ends up paying a claim personally.—§733.710, §733.702 ↗
The probate estate cannot pay its expenses and claimsWhen the personal representative certifies the amount in writing.Pay the personal representative the amounts certified as required for the expenses of administration and the obligations of the settlor's estate.The personal representative§736.05053 ↗
Each year the trust is irrevocable; the trust terminates; the trustee changesAt least annually, and on termination and on a change of trustee.Give a trust accounting that shows what came in, what went out, what remains, and the compensation paid to the trustee and its agents, from the last accounting forward.Each qualified beneficiary§736.0813(1)(d), §736.08135 ↗
You send an accounting or other trust disclosure documentA claim on a matter the document adequately discloses is barred six months after receipt when a limitation notice accompanies it; without one, the chapter 95 period runs from the disclosure.Include a limitation notice with the disclosure if the six-month bar is wanted; the statute prescribes its wording.The beneficiaries who receive the document§736.1008 ↗
You send a person a copy of the trust instrument with a notice of the trust's existence, your name and address, and the time allowed to contestAn action to contest the validity of a trust that was revocable at the settlor's death is barred six months after that notice is sent, unless sooner barred by adjudication, consent or limitations.Send the copy and the notice to anyone who might contest the trust if the six-month bar is wanted; the statute prescribes what the notice states.Each person who might contest the trust§736.0604 ↗
The decedent diesNine months after death; a six-month extension is available.File the federal estate tax return when the gross estate exceeds the filing threshold, or to elect portability for a surviving spouse. Florida has no estate tax.—IRS Form 706 ↗Federal
The trust's tax year endsThe 15th day of the fourth month after year-end (April 15 for a calendar-year trust).File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income.—IRS Form 1041 ↗Federal
A trustee wants to step downAt least 30 days' notice, or the court's approval.Give notice of the resignation; the trustee's duties continue until a successor is in place.The qualified beneficiaries, the settlor if living, and all co-trustees§736.0705 ↗
The trust terminatesExpeditiously, after paying or reserving for debts, expenses and taxes; the statute names no day-count.Distribute the trust property to the persons entitled to it; the final accounting and the beneficiaries' receipts close the file.The beneficiaries entitled to the property§736.0817 ↗
You, the settlor or a qualified beneficiary make a written demand on a person designated as trust director to accept or confirm acceptance of the directorship, with a written copy to the trusteesThe statute has the designated trust director deliver a written acceptance, acknowledgment of prior acceptance or declination “within 60 days after receipt of such demand.”Keep the demand and the written response with the trust records; the statute directs the response to all trustees, the qualified beneficiaries, and the settlor if living.All trustees, qualified beneficiaries, and the settlor if living§736.1416 ↗
A trust accounting or other written report of the trustee or of a trust director goes to the beneficiaries in a directed trustAn action against a trust director for breach of trust “must be commenced within the same limitation period” as an action against a trustee under §736.1008, and the accounting or written report “has the same effect on the limitation period.”The §736.1008 disclosure and limitation-notice rules carry over to the trust director; the §736.1008 row above shows the periods.The beneficiaries who receive the document§736.1413 ↗