---
title: "List expense and liability clauses against the expense section"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A19-JU20261022-4-US"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List expense and liability clauses against the expense section

> The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 736.0805 requires a trustee to incur only reasonable expenses, and s 736.0804 states a prudent-person…

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 736.0805 requires a trustee to incur only reasonable expenses, and s 736.0804 states a prudent-person standard. From the deed, list the clauses that limit the trustee's liability or that speak about paying expenses from trust property. Do not decide that a statutory indemnity exists. |
| What the lawyer must review | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 736.0805 says that in administering a trust, the trustee shall only incur expenses that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee. Section 736.0804 says the trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust, and shall exercise reasonable care, skill, and caution. Neither opened section states a right to be indemnified out of the trust property. The tool lists the clauses. It does not decide that an expense is reasonable and it does not treat a deed clause as creating or removing a statutory indemnity. Another state's reimbursement statute was not opened. |
| Written for | United States |
| Applies to | [Check a trust deed against the trustee's statutory right of indemnity](https://ailawframework.com/practice/trusts-and-estate-planning/check-a-trust-deed-against-the-trustee-s-statutory-right-of-indemnity.md) |

## Checking plan

- What the AI does: The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 736.0805 requires a trustee to incur only reasonable expenses, and s 736.0804 states a prudent-person standard. From the deed, list the clauses that limit the trustee's liability or that speak about paying expenses from trust property. Do not decide that a statutory indemnity exists.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not state a right of indemnity. These sections do not state one. Do not decide that an expense is reasonable.

## Sources

- [Florida Statutes section 736.0805, Expenses of administration](https://www.flsenate.gov/Laws/Statutes/2025/736.0805) (checked 2026-10-22)
- [Florida Statutes section 736.0804, Prudent administration](https://www.flsenate.gov/Laws/Statutes/2025/736.0804) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*