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FL S0826
Bill
AI Summary
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Amends Florida law governing cotrustees to limit liability of excluded trustees who must comply with directives from trustees with power to direct their actions.
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Removes requirement that excluded trustees have actual knowledge of misconduct before being relieved of liability, establishing willful misconduct as the sole exception to liability protection.
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Eliminates duties of excluded trustees to review, inquire, investigate, or make recommendations regarding the exercise of directive powers.
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Makes trustees with directive power exclusively liable to beneficiaries for the exercise of that power, with sole obligation to account for and defend actions related to it.
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Specifies that provisions governing duty to monitor other trustees do not apply when the person with power to direct excluded trustees is also a cotrustee; effective July 1, 2014.
Legislative Description
Trusts
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 405 (Ch. 2014-115)
4/11/2014