(1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the settlor. Such claims and causes of action against the settlor shall be presented and enforced against the settlor’s estate as provided in part VII of chapter 733, and the personal representative of the settlor’s estate may obtain payment from the trustee of a trust described in s. 733.707(3) as provided in ss. 733.607(2), 733.707(3), and 736.05053.
(2) This section does not preclude a direct action against a trust described in s. 733.707(3), the trustee of the trust, or a beneficiary of the trust that is not dependent on the individual liability of the settlor.
(3) This section does not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.
History.—s. 10, ch. 2006-217.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)
736.1001 - Remedies for breach of trust.
736.1002 - Damages for breach of trust.
736.1003 - Damages in absence of breach.
736.1004 - Attorney’s fees and costs.
736.1005 - Attorney fees for services to the trust.
736.1006 - Costs in trust proceedings.
736.1007 - Trustee’s attorney fees.
736.1008 - Limitations on proceedings against trustees.
736.1009 - Reliance on trust instrument.
736.1010 - Event affecting administration or distribution.
736.1011 - Exculpation of trustee.
736.1012 - Beneficiary’s consent, release, or ratification.
736.1013 - Limitation on personal liability of trustee.
736.1014 - Limitations on actions against certain trusts.
736.1015 - Interest as general partner.
736.1016 - Protection of person dealing with trustee.
736.1017 - Certification of trust.
736.1018 - Improper distribution or payment; liability of distributee.