How To Compel A Trust Accounting In Florida?
Trusts are a type of financial arrangement that can help individuals and families protect and manage their assets. However, when a trust is created, there are often many questions about how the assets are being managed and whether the trustee is fulfilling their duties.
One important aspect of trust management is trust accounting. If you are interested in compelling a trust accounting in Florida, contact Mark R. Manceri, P.A., for legal help. Our Pompano Beach trustee performance and actions lawyer can help you understand your rights and options regarding compelling a trust accounting.
What Is a Trust Accounting?
Trust accounting is a report that details the financial activity of a trust. This can include information about the assets held in the trust, any income generated from those assets, and any expenses or distributions made from the trust. The purpose of trust accounting is to ensure that the trustee is managing the trust appropriately and that the qualified beneficiaries are receiving the proper benefits.
What Are the Trustee’s Duties Regarding Trust Accounting in Florida?
In Florida, trustees have a legal duty to keep accurate records of all trust transactions and to provide an annual accounting to the qualified beneficiaries (Florida Statutes § 736.08135). The accounting must include a detailed report of all income, expenses, and distributions made from the trust during the previous year.
Who Can Compel a Trust Accounting in Florida?
Qualified beneficiaries of a trust have the right to receive an accounting from the trustee. If the trustee fails to provide an accounting or if the beneficiary believes the accounting is incomplete or inaccurate, they may petition the court to compel the trustee to provide a proper accounting. Additionally, if a trustee has failed to provide an annual accounting, a beneficiary may petition the court to remove the trustee.
How to Compel a Trust Accounting in Florida?
If you are a qualified beneficiary of a trust and believe that the trustee is not fulfilling their duties regarding trust accounting, there are certain steps you can take to compel the trustee to provide an accounting. First, you should request a copy of the accounting from the trustee. If the trustee fails to provide an accounting or if you believe it is incomplete, inaccurate, or otherwise improper, you may file a Complaint with the court to compel the trustee to provide a proper accounting.
When filing a court action to compel a trust accounting, it is important to work with an experienced lawyer. Your lawyer can help you gather the necessary information and prepare the Complaint in a way that is likely to be successful. This may include working with an expert witness to review the trust accounting and provide testimony about any inaccuracies or discrepancies.
Contact a Lawyer to Get Legal Help
Trust accounting is an important aspect of trust management that can help ensure that beneficiaries receive proper benefits and that the trust is being managed appropriately. If you are a beneficiary of a trust in Florida and want to compel the trustee to provide proper accounting, our lawyer at Mark R. Manceri, P.A., can provide you with the legal help you need. Request a case review today by calling 954-491-7099.