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Paying A Trustee’s Attorney’s Fees In Breach Of Trust Actions A Practitioner’s Roadmap Through Section 736.0802(10) By Matthew Triggs and Jonathan A. Galler, Proskauer Rose LLP, Boca Raton, FloridaWith the passage of the most recent amendments to Fla. Stat. § 736.0802(10) (“subsection 10” or “the statute”), litigants now have a much clearer picture of their rights and duties when it comes to a trustee’s use of trust assets to pay its attorney’s fees and costs in defending against a breach of trust action. As most practitioners know, this statute has been on the books, in one form or another, for many years.1 Found in the section of the Trust Code describing a trustee’s duty of loyalty, subsection 10 addresses the inherent conflict that a trustee faces when sued by a beneficiary for breach of trust. The provision deals with that conflict by imposing restrictions on a trustee’s ability to use trust assets to defend itself in that situation. The prior version of the statute was comprehens...