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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative's powers, the court shall award taxable costs as in chancery actions, including attorney's fees.
(2) When awarding taxable costs, including attorney's fees, under this section, the court in its discretion may direct payment from a party's interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both.
(3) This section shall apply to all proceedings commenced hereunder after the effective date, without regard to the date of the decedent's death.
Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 733.609. Improper exercise of power; breach of fiduciary duty - last updated January 01, 2023 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-733-609/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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