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2002 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 733 PROBATE CODE: ADMINISTRATION OF ESTATES  
PART VI DUTIES AND POWERS OF PERSONAL REPRESENTATIVE (ss. 733.601-733.619)
733.609   Improper exercise of power; breach of fiduciary duty.

733.609  Improper exercise of power; breach of fiduciary duty.--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.

History.--s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1006, ch. 97-102; s. 132, ch. 2001-226.

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