The Statute of Limitations on Trust Actions in Florida

Florida Estates and Trusts Code Section 736.1008 establishes the statute of limitations period for lawsuits against trustees.

There are two types of lawsuits a trust beneficiary can file. The first is based on actions related to the filing of a disclosure and notice by a trustee. The other is a lawsuit based on failure of a trustee to file the statement and notice.

Commencement of Limitation Periods

A trustee is required to file a disclosure statement to a beneficiary along with notice of the commencement time for filing a legal action against the trustee. According to Florida Code Section 736.1008(1), Subsections (a) and (b), the commencement of the statute of limitations period is the date of receipt by a beneficiary of the final trust accounting and notice.

Based on a Disclosure Statement

The statute of limitations periods can be determined by statutes other than the limitations period contained in Florida's Trust Code. A lawsuit for breach of trust against a trustee by a beneficiary, based on an act included in a disclosure statement, must be filed within six months.

Based on Failure to Provide a Disclosure Statement

In addition to the requirement of issuance of a disclosure statement, notice must be delivered separate and apart from the disclosure statement adequately apprising a beneficiary of the statute of limitations period. The statute of limitations period for lawsuits based on a trustee's failure to provide notice of the six-month statute of limitations period is one year from the date a trustee was required to submit notice of the limitations period.

References

• Florida Statutes: Section 736.1008 Limitations on Proceedings Against Trustees