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Category Archives: Trustee Performance Actions

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Understanding A Trustee’s Duty To File Trust Accountings

By Mark R. Manceri, P.A. |

The trustee of a trust is accountable to the beneficiaries of that trust. In this context, accountability means that Florida law requires the trustee to provide any “relevant information” regarding the trust to the beneficiaries. This includes an annual accounting of the trust’s assets. Section 736.08135 of the Florida Statutes provides the general framework… Read More »

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How Does A Spendthrift Trust Protect Against Certain Creditor Claims?

By Mark R. Manceri, P.A. |

The function of a trust is to hold certain assets for the benefit of one or more persons. In a typical estate planning trust, for example, a trustee will hold assets for a parent to be distributed to their children at a specified later date. But what if one of the children has a… Read More »

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Can A Trustee Be Sued For Refusing To Maximize The Value Of A Trust’s Assets?

By Mark R. Manceri, P.A. |

When assets are placed into a trust, the trustee assumes a legal duty to manage those assets for the benefit of the trust’s beneficiaries. And while the trust may give the trustee broad discretion in managing the trust’s assets on a day-to-day basis, such discretion is not unlimited. The beneficiaries can take legal action… Read More »

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