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2000 Florida Statutes

SECTION 609
Improper exercise of power; breach of fiduciary duty.
Section 733.609, Florida Statutes 2000

733.609  Improper exercise of power; breach of fiduciary duty.--If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his or her fiduciary duty to the same extent as a trustee of an express trust. In all actions challenging the proper exercise of 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.