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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Filing # 156296948 E-Filed 08/29/2022 11:32:50 AM
IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
IN RE: ESTATE OF CASE NO. PRC-18-0002301(60J)
CONSOLIDATED
THEROLD JOHN RATHGEB, SR.
Deceased.
I
PETER RATHGEB, SANDRA BYRNES, and 22-00 17 80 4
PATRICIA RATHGEB
Petitioners, ADVERSARY PROCEEDING
V.
E..1 .G..
Ssai
THEROLD J. RATHGEB, JR., as
Personal Representativeand individually,
@
Respondent.
--0[LE
PETER RATHGEB, SANDRA BYRNES, and
1
5 DEC 0 1 2022 J'
PATRICIA RATHGEB By
Plaintiffs,
V.
THEROLD J. RATHGEB, JR., individually
And as Trustee of Therold J. Rathgeb
Revocable Trust,
Defendant.
I
NOTICE OF FILING OF LEGAL AUTHORITY IN
REPLY TO PLAINTIF'S RESPONSE TO DEFENDANT'S MOTION FOR PARTIAL
SUMMARY JUDGMENT AND 1N SUPPORT OF SPECIAL SET HEARING ON
AUGUST 31. 2022
COMES NOW, Therold J. Rathgeb, Jr., by and through his
undersigned counsel and hereby files the followinglegal authority in Reply to Plaintiffs Response
to Defendant's Motion for Partial Summary Judgment and in Support of the Special Set Hearing
on August 31, 2022, attached herewith as Exhibit "A".
I. Florida Statute Section §736.08125.
A successor trustee is not personally liablefor actions taken by any prior trustee,
nor does any successor tmstee have a duty to institute any proceeding against any
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
prior trustee, orfileany claim against any prior trustee's estate, for any ofthe prior
trustee's actions as trustee under any of the following circumstances:
(a) As to a successor trustee who succeeds a trustee who was also the settlor of a
trust that was revocable during the time that the settlorserved as trustee.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFYthat a true copy of the foregoing was furnished via Florida
Courts e-Filing Portal to Adrian Philip Thomas, P.A. Daniel
McGowan, Esq. ybcnito@aptpa.com), Counsel for Petitioners on this
291], day of August, 2022.
Respectfully submitted,
s/ Brandan J. Pratt
Brandan J. Pratt, Esq.
Florida Bar No.: 010745
Zander J. Retamar, Esq.
Florida Bar No.: 1025098
HUTH, PRATT & MILHAUSER
2500 North Military Trail, Ste. 460
Boca Raton, Florida 33431
Telephone: (561) 392-1800
Facsimile: (561) 392-3535
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Fla. Stat. § 736.08125
Current through sections amended effective July 1,2022.
LexisNexis@ FloridaAnnotated Statutes > Title XLII. Estates and Trusts. (Chs. 731 740) > Chapter 736.
-
FloridaTrust Code. (§§ 736.0101 -
736.1512) > Part VITI. Duties and Powers of Trustee. (§§ 736.0801 -
736.0817)
§ 736.08125. Protection of successor trustees.
(1) A successor trustee is not personally liable for actions taken by any prior trustee, nor docs any
successor trustee have a duty to institute any proceedingagainst any prior trustee, or file any claim against
any prior trustee's estate, for any of the prior trustee's actions as trustee under any of the following
circumstances:
(a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was
revocable during the time that the settlor served as trustee;
(b) As to any beneficiarywho has waived any accountingrequiredby s. 736=f)8/3, but only as to the
periods included in the waiver;
(c) As to any beneficiary who has releasedthe successor trustee from the duty to institute any
proceeding or file any claim;
(d) As to any person who is not an eligible beneficiary; or
(e) As to any eligible beneficiary:
1. If a super majority of the eligible beneficiaries have released the successor trustee;
2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute
an action or file claim
against the prior trustee within 6 months after the date of the successor
a
trustee's acceptance of the trust, if the successor trustee has notified the eligible beneficiaryin
writing of acceptance by the successor trustee in accordance with s. 736.0813(0(o) and that writing
advises the beneficiarythat, unless the beneficiary delivers the written request within 6 months
after the date of acceptance, the right to proceed against the successor trustee will be barred
pursuant to this section; or
3. For any action or claim that the eligible beneficiary is barred from bringing against the prior
trustee.
(2) For the purposes of this section, the term:
(a) "Eligible beneficiaries" means:
1. At the time the determination is made, if there are one or more beneficiaries as described in L
Z-36.ojUC./-9102, the beneficiaries described in s- and (c); or
2. If there is no beneficiary as described ins. 736.0103(/9)Rj,the beneficiaries described in Al
(b) "Super majority of eligible beneficiaries" means at least two-thirds in interest o f the eligible
beneficiaries if the interests ofthe
eligible beneficiaries are reasonably asccrtainable,otherwise, at least
two-thirds in number of the eligible beneficiaries.
EXHIBIT "A"
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Fla. Stat. § 736.08125
(3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or
any beneficiaryto pursue an action or claim against the prior trustee.
History
S. 8, ch. 2006-217, eff. July 1,2007; s. 19, ch. 20/3-/72. eff. Oct. 1,2013; s. 42, ch. 202 j-183, effective July 1,
2021.
Annotations
Notes
Amendments.
The 2013 amendment substituted "s. 736.0103(16)(c)" for "s. 736.0103(14)(c)" iln (2)(a)1. and (2)(a)2. and
substituted "s. 736.0103(16)(a) and (c)" for "s. 736.0]03(14)(a) and (c)" in (2)(a)1. and (2)(a)2.
Research References & Practice Aids
RESEARCH REFERENCES & PRACTICE AIDS
Florida Statutes references.
Chapter 689. Conveyances of Land and Declarationsof Trust, F.S.j 689.071. Florida Land Trust Act.
Chapter 721. Vacation and Timeshare Plans, F.S. f 721.08. Escrow accounts; nondisturbance instruments;alternate
security arrangements; transferof legal title.
Chapter 721. Vacation and Timeshare Plans, F.S. # 72/.53. Subordination instruments; alternate security
arrangements.
Chapter 736. Florida Trust Code, F.S. S 736.08/2. Collecting trust property.
Practice Guides
Sotitheast Tjansaction Guide, Unir I/. Estate Planni,ig, Divisimi 3. Testamenfa#-v Tnists and Gifts, f 120.(}l State
Stulules
Southeast Traiisactioji Gtiide, Unit fl. Estate Plannijig. DiVifiolt 3. Testanie,ttarv Trusts aitd Gifts, f 121 .02
Researchgiuide.
FLORIDA BAR PUBLICATIONS
Florida Real Property Title Examination and Insurance, Chapter 3. Searching For and Examining Title. IV. Basic
Considerations Affecting Title, B. Muniments of Title, 3. Formal Components of Deed, b. Names of Parties, (3)
[§ 3.49] Trustee.
Page 2 of 3
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.****
Fla. Stat. § 736.08125
LexisNexis@ Florida Annotated Statutes
Copyright @ 2022 All rights reserved.
End of Document
Page 3 of 3
Preview
**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Filing # 156296948 E-Filed 08/29/2022 11:32:50 AM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IN RE: ESTATE OF CASE NO. PRC-18-0002301(60J) CONSOLIDATED THEROLD JOHN RATHGEB, SR. Deceased. I PETER RATHGEB, SANDRA BYRNES, and 22-00 17 80 4 PATRICIA RATHGEB Petitioners, ADVERSARY PROCEEDING V. E..1 .G.. Ssai THEROLD J. RATHGEB, JR., as Personal Representativeand individually, @ Respondent. --0[LE PETER RATHGEB, SANDRA BYRNES, and 1 5 DEC 0 1 2022 J' PATRICIA RATHGEB By Plaintiffs, V. THEROLD J. RATHGEB, JR., individually And as Trustee of Therold J. Rathgeb Revocable Trust, Defendant. I NOTICE OF FILING OF LEGAL AUTHORITY IN REPLY TO PLAINTIF'S RESPONSE TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND 1N SUPPORT OF SPECIAL SET HEARING ON AUGUST 31. 2022 COMES NOW, Therold J. Rathgeb, Jr., by and through his undersigned counsel and hereby files the followinglegal authority in Reply to Plaintiffs Response to Defendant's Motion for Partial Summary Judgment and in Support of the Special Set Hearing on August 31, 2022, attached herewith as Exhibit "A". I. Florida Statute Section §736.08125. A successor trustee is not personally liablefor actions taken by any prior trustee, nor does any successor tmstee have a duty to institute any proceeding against any **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** prior trustee, orfileany claim against any prior trustee's estate, for any ofthe prior trustee's actions as trustee under any of the following circumstances: (a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlorserved as trustee. CERTIFICATE OF SERVICE WE HEREBY CERTIFYthat a true copy of the foregoing was furnished via Florida Courts e-Filing Portal to Adrian Philip Thomas, P.A. Daniel McGowan, Esq. ybcnito@aptpa.com), Counsel for Petitioners on this 291], day of August, 2022. Respectfully submitted, s/ Brandan J. Pratt Brandan J. Pratt, Esq. Florida Bar No.: 010745 Zander J. Retamar, Esq. Florida Bar No.: 1025098 HUTH, PRATT & MILHAUSER 2500 North Military Trail, Ste. 460 Boca Raton, Florida 33431 Telephone: (561) 392-1800 Facsimile: (561) 392-3535 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Fla. Stat. § 736.08125 Current through sections amended effective July 1,2022. LexisNexis@ FloridaAnnotated Statutes > Title XLII. Estates and Trusts. (Chs. 731 740) > Chapter 736. - FloridaTrust Code. (§§ 736.0101 - 736.1512) > Part VITI. Duties and Powers of Trustee. (§§ 736.0801 - 736.0817) § 736.08125. Protection of successor trustees. (1) A successor trustee is not personally liable for actions taken by any prior trustee, nor docs any successor trustee have a duty to institute any proceedingagainst any prior trustee, or file any claim against any prior trustee's estate, for any of the prior trustee's actions as trustee under any of the following circumstances: (a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlor served as trustee; (b) As to any beneficiarywho has waived any accountingrequiredby s. 736=f)8/3, but only as to the periods included in the waiver; (c) As to any beneficiary who has releasedthe successor trustee from the duty to institute any proceeding or file any claim; (d) As to any person who is not an eligible beneficiary; or (e) As to any eligible beneficiary: 1. If a super majority of the eligible beneficiaries have released the successor trustee; 2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute an action or file claim against the prior trustee within 6 months after the date of the successor a trustee's acceptance of the trust, if the successor trustee has notified the eligible beneficiaryin writing of acceptance by the successor trustee in accordance with s. 736.0813(0(o) and that writing advises the beneficiarythat, unless the beneficiary delivers the written request within 6 months after the date of acceptance, the right to proceed against the successor trustee will be barred pursuant to this section; or 3. For any action or claim that the eligible beneficiary is barred from bringing against the prior trustee. (2) For the purposes of this section, the term: (a) "Eligible beneficiaries" means: 1. At the time the determination is made, if there are one or more beneficiaries as described in L Z-36.ojUC./-9102, the beneficiaries described in s- and (c); or 2. If there is no beneficiary as described ins. 736.0103(/9)Rj,the beneficiaries described in Al (b) "Super majority of eligible beneficiaries" means at least two-thirds in interest o f the eligible beneficiaries if the interests ofthe eligible beneficiaries are reasonably asccrtainable,otherwise, at least two-thirds in number of the eligible beneficiaries. EXHIBIT "A" **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Fla. Stat. § 736.08125 (3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or any beneficiaryto pursue an action or claim against the prior trustee. History S. 8, ch. 2006-217, eff. July 1,2007; s. 19, ch. 20/3-/72. eff. Oct. 1,2013; s. 42, ch. 202 j-183, effective July 1, 2021. Annotations Notes Amendments. The 2013 amendment substituted "s. 736.0103(16)(c)" for "s. 736.0103(14)(c)" iln (2)(a)1. and (2)(a)2. and substituted "s. 736.0103(16)(a) and (c)" for "s. 736.0]03(14)(a) and (c)" in (2)(a)1. and (2)(a)2. Research References & Practice Aids RESEARCH REFERENCES & PRACTICE AIDS Florida Statutes references. Chapter 689. Conveyances of Land and Declarationsof Trust, F.S.j 689.071. Florida Land Trust Act. Chapter 721. Vacation and Timeshare Plans, F.S. f 721.08. Escrow accounts; nondisturbance instruments;alternate security arrangements; transferof legal title. Chapter 721. Vacation and Timeshare Plans, F.S. # 72/.53. Subordination instruments; alternate security arrangements. Chapter 736. Florida Trust Code, F.S. S 736.08/2. Collecting trust property. Practice Guides Sotitheast Tjansaction Guide, Unir I/. Estate Planni,ig, Divisimi 3. Testamenfa#-v Tnists and Gifts, f 120.(}l State Stulules Southeast Traiisactioji Gtiide, Unit fl. Estate Plannijig. DiVifiolt 3. Testanie,ttarv Trusts aitd Gifts, f 121 .02 Researchgiuide. FLORIDA BAR PUBLICATIONS Florida Real Property Title Examination and Insurance, Chapter 3. Searching For and Examining Title. IV. Basic Considerations Affecting Title, B. Muniments of Title, 3. Formal Components of Deed, b. Names of Parties, (3) [§ 3.49] Trustee. Page 2 of 3 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 12/1/2022 4:30:00 PM.**** Fla. Stat. § 736.08125 LexisNexis@ Florida Annotated Statutes Copyright @ 2022 All rights reserved. End of Document Page 3 of 3