Removal of a Florida Trustee, a Step-by-Step Guide

Trustees hold significant power over assets meant to benefit others. When a trustee breaches a fiduciary duty Florida law allows beneficiaries (and sometimes the settlor or cotrustees) to ask a court to remove that trustee and protect the trust.

Whether you have noticed a trustee engaging in self-dealing, mismanaging assets, hiding information, or otherwise acting against beneficiaries’ interests, speak with a Pompano Beach estate litigation lawyer. An attorney can walk you through the legal grounds for removal and the evidence you’ll need to move the process forward.

Grounds for Removal and Procedural Steps

Under Florida law a court may remove a trustee for cause. Recognized grounds include a serious breach of trust, persistent failure or unfitness to administer the trust, lack of cooperation among cotrustees that substantially impairs administration, or a substantial change in circumstances making removal in beneficiaries’ best interests. Courts also may remove a trustee on their own initiative.

Successful removal depends on documentation and testimonial evidence. Common items that strengthen a petition include:

• Trust accountings and bank records showing unexplained transfers or personal withdrawals.
• Canceled checks, wire records, and real-estate documents showing self-dealing or below-market sales.
• Emails, letters, or written requests to the trustee that were ignored (showing neglect or refusal to cooperate).
• Third-party valuations or expert reports demonstrating mismanagement of trust assets.
• Results of forensic accounting or audit reports.

Typical steps in a Florida trustee-removal case involve meeting with an experienced estate attorney to review the trust, accountings, and evidence. Next, informal resolution is typically pursued. This involves demand letters, requests for an accounting, or negotiated resignation. Courts prefer parties to try to resolve disputes before litigation.

If necessary, you can also file a petition in the appropriate Florida probate/Chancery court asking for removal or alternative remedies. Then your lawyer may move you through the discovery process and present evidence, developing a strategy along the way to connect you with the outcome you are hoping for.

Beyond removal, Florida courts can compel a trustee to perform duties, enjoin further breaches, order an accounting, surcharge the trustee for losses, or order restitution of misapplied assets. These remedies aim to make beneficiaries whole and preserve trust assets.

For example, a Florida resident recently sought the removal of a co-trustee of a multimillion-dollar trust, alleging breaches of fiduciary duty and failures to disclose information while seeking injunctive relief to protect trust funds. This is evidence of even complex, wealthy estates relying on the removal rules and remedies.

You Don’t Have to Navigate Estate Legalities On Your Own

If you suspect a trustee has breached duties, act promptly. Statutes of limitation and disclosure rules can limit claims. A local Pompano Beach estate litigation lawyer can evaluate your evidence, advise whether informal steps might succeed, and represent you in court to preserve trust assets and enforce beneficiaries’ rights.

Is removing a trustee an option for you? There are professionals who can help. Bring your concerns to the attention of the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation today.