Fla. Stat. 736.0506
Overdue distribution


(1)

As used in this section, the term “mandatory distribution” means a distribution of income or principal the trustee is required to make to a beneficiary under the terms of the trust, including a distribution on termination of the trust. The term does not include a distribution subject to the exercise of the trustee’s discretion, even if:The discretion is expressed in the form of a standard of distribution; orThe terms of the trust authorizing a distribution couple language of discretion with language of direction.

(a)

The discretion is expressed in the form of a standard of distribution; or

(b)

The terms of the trust authorizing a distribution couple language of discretion with language of direction.

(2)

A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date, whether or not a trust contains a spendthrift provision.

Source: Section 736.0506 — Overdue distribution, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­0506 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.0506. Overdue distribution's source at flsenate​.gov