How to Move Forward When Trustees and Beneficiaries Don’t Get Along

Trusts should provide clarity, efficiency, and harmony. While this is true in many situations, in others disputes arise. This could be the case when trustees and beneficiaries disagree about administration, distributions, or transparency.

Conflicts can escalate quickly without proper legal guidance. Partner with a Pompano Beach estate litigation lawyer in order to move forward strategically. Doing so is critical to protecting both the trust’s integrity and your legal rights.

Step One: Review the Trust Document

Trustees have fiduciary duties under Florida law, enacted by the Florida Legislature through the Florida Trust Code. These duties include loyalty, prudence, impartiality, and the obligation to provide information to qualified beneficiaries. When beneficiaries believe these duties are breached, litigation may follow.

Conversely, trustees may feel beneficiaries are making unreasonable demands or interfering with lawful discretion granted under the trust instrument.

The trust agreement is the controlling authority. It outlines:

• The trustee’s powers
• Distribution standards
• Accounting requirements
• Removal provisions

Many disputes arise from misunderstandings about what the trustee is actually required to do. A careful legal review often clarifies whether the trustee’s actions fall within granted discretion.

Step Two: Demand Formal Accounting

Florida law generally entitles qualified beneficiaries to receive annual accountings. If transparency is lacking, a formal written demand for accounting can provide:

• Asset inventories
• Income and expense statements
• Disclosure of trustee compensation
• Transaction histories

Objective financial documentation often resolves suspicion and reduces tension.

Step Three: Consider Mediation

Before pursuing litigation, mediation can be a highly effective tool. A neutral third party facilitates structured discussion, allowing both sides to address concerns without escalating costs. Courts in Florida frequently require mediation in trust disputes before trial.

Mediation preserves assets by reducing attorney’s fees and prevents further deterioration of family relationships.

Step Four: Petition the Court if Necessary

If informal resolution fails, beneficiaries may petition the probate division of the circuit court for relief. Potential remedies include:

• Compelling an accounting
• Suspending or removing the trustee
• Surcharging the trustee for financial losses
• Clarifying ambiguous trust provisions

Trustees may also seek court instruction if beneficiaries are challenging discretionary decisions or obstructing administration.

Judges will examine whether the trustee fulfilled fiduciary obligations in good faith and in accordance with statutory duties and the trust’s language.

Estate litigation can involve a lot of emotions. Trustees may be family members attempting to carry out difficult responsibilities, while beneficiaries may feel excluded or distrustful. The legal process must address both fiduciary compliance and practical family dynamics.

When trustees and beneficiaries do not get along, delay and hostility can deplete trust assets and damage relationships. Prompt legal support from a Pompano Beach estate litigation lawyer, structured communication, and, when necessary, intervention can restore clarity.

If you are facing a trust dispute, obtaining experienced counsel early can protect your interests and help guide the matter toward a structured and legally sound resolution.

Curious about what prompts trust disputes? Often arguments stem from allegations of mismanagement, unequal distributions, and disagreements over asset valuation. Share the specifics of your situation with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation today.