Boyes, Farina & Matwiczyk

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Monthly Archives: January 2021

Trust Accountings: More Than Just Financial Statements

…A trustee stands in a fiduciary or confidential relation to another, holds the legal title to property, but maintains it in trust for the benefit of another.  The trustee owes a fiduciary duty to that other person, i.e., the beneficiary.

Because the trustee is holding the trust property for the benefit of the beneficiary, the law imposes fiduciary duties upon the trustee. 

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Trap for the Unwary: Florida Statute 736.0802

…Even an experienced probate and trust litigator may get caught in this statutory land mine on the litigation battlefield.

Section 736.0802(10) of the Florida Statutes requires that notice be given to the be beneficiaries about payment of legal bills, when the trustee desires to defend claims of breach of fiduciary duty, breach of trust, removal of trustee, or other similar claims. 

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