Florida Statutes
§ 736.1004 — Attorney’s fees and costs
Florida § 736.1004
This text of Florida § 736.1004 (Attorney’s fees and costs) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Fla. Stat. § 736.1004 (2026).
Text
(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and (b) In proceedings arising under ss. 736.0410-736.0417, the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.
(2)When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.
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Related
Jacobson v. Sklaire
92 So. 3d 228 (District Court of Appeal of Florida, 2012)
Conn v. Roach
(S.D. Florida, 2022)
Weinman v. Warren
(M.D. Florida, 2025)
Legislative History
s. 10, ch. 2006-217.
Nearby Sections
15
§ 736.0101
Short title§ 736.0102
Scope§ 736.0103
Definitions§ 736.0104
Knowledge§ 736.0105
Default and mandatory rules§ 736.0107
Governing law§ 736.0108
Principal place of administration§ 736.0109
Methods and waiver of notice§ 736.0111
Nonjudicial settlement agreements§ 736.0112
Qualification of foreign trustee§ 736.0201
Role of court in trust proceedings§ 736.02025
Service of processCite This Page — Counsel Stack
Bluebook (online)
Florida § 736.1004, Counsel Stack Legal Research, https://law.counselstack.com/statute/fl/736.1004.