4 Steps to Remove a Trustee in Florida
When a Trust is created, a Trustee is appointed to manage the Trust assets according to the terms of the Trust and in the best interests of the beneficiaries. But what happens if the Trustee isn’t living up to that responsibility? Can they be removed?
The short answer is yes. Under Florida law, a Trustee can be removed under certain circumstances. Have a conversation with a Pompano Beach estate litigation lawyer if you are interested in how and when this can happen. Estate knowledge is important for any beneficiary concerned about the future of a Trust, and legal guidance is available.
Identifying the Breach and Steps to Take
In Florida, Trustees have a fiduciary duty to act with loyalty, care, and honesty when handling Trust matters. A breach occurs when the trustee does not manage Trust funds responsibly, fails to follow the terms of the Trust, favors one beneficiary over another unfairly, or fails to keep accurate records and provide required accountings.
Often, breaches happen because a Trustee is engaging in self-dealing or conflicts of interest. For example, if a Trustee uses Trust funds to purchase personal items or invest in their own business, that would likely constitute a breach of fiduciary duty.
Florida courts take these claims seriously but require clear proof. Allegations alone are not enough, a Judge must see that the Trustee’s actions (or inactions) have negatively affected the Trust or put it at risk. To move forward with a strong claim, take the following steps.
- Document the problem. Keep detailed records of the Trustee’s behavior, including missed communications, financial irregularities, or refusal to distribute Trust assets. Written communications, emails, and financial statements are all helpful.
- Contact an attorney. An experienced estate and trust lawyer can evaluate the situation and advise whether removal is likely to be successful. They can also help you understand your rights as a beneficiary.
- Attempt resolution outside of court. In some cases, a letter from an attorney may prompt the trustee to step down voluntarily or correct the issue. Mediation can also be an option to avoid court.
- File a petition or complaint. If necessary, your attorney will file a formal petition or complaint for Trustee removal. The court will review the evidence, and if the judge finds cause, they may remove the trustee and appoint a successor.
Generally, beneficiaries can seek the removal of a Trustee when there is evidence of misconduct, gross mismanagement, or the Trustee becomes incapacitated and is no longer able to perform their assigned duties. Additionally, a serious conflict of interest can result in removal or replacement.
Take Action, Protect the Trust
Should you suspect the Trustee managing your loved one’s Trust is acting improperly, take action. Speak with a Pompano Beach estate litigation lawyer who understands Florida trust law and can guide you through the process of holding the Trustee accountable. Doing so will preserve the integrity of the trust.
Are you interested in removing a Trustee? Bring your concerns to the attention of the legal professionals at Mark R. Manceri, P.A. Schedule a confidential consultation today.
