Two Trustees, One Trust, and No Agreement: What Florida Law Says Happens Next

Picture a parent who names two children as co-trustees. One wants to sell the family property and the other wants to hold it. Emails turn sharp, bills go unpaid, and the beneficiaries wait. Disagreements like this are common, and Florida’s Trust Code has specific answers for how they get handled.

Start With the Trust Document, Then the Statute

The trust itself is the first place to look, because many trusts spell out how co-trustees must act. When the document is silent, section 736.0703(1), Florida Statutes, says that co-trustees who cannot reach a unanimous decision may act by majority decision. That helps with three or more trustees. With only two, a split leaves no majority, which is how a disagreement can freeze a trust.

Personal Exposure for Each Trustee

Disagreement does not erase responsibility. Section 736.0703 draws several lines worth knowing:

• A co-trustee who does not join in another co-trustee’s action is generally not liable for it.
• Each co-trustee must use reasonable care to prevent a co-trustee’s breach of trust and to compel a co-trustee to fix one.
• A dissenting co-trustee who joins an action at the majority’s direction, and who notifies a co-trustee of the dissent at or before the time of the action, is not liable for it.

Put simply, staying silent can be risky. A trustee who objects should say so clearly, preferably in writing, and keep a record.

Beneficiaries feel the strain too. When trustees stall, rent may go uncollected, taxes may come due, and distributions can sit for months. A beneficiary who sees this happening is not powerless. Written requests for information and for an accounting often put useful pressure on both trustees to resolve the standoff, and those requests also create a paper trail if the matter ends up in front of a judge.

When a Court Steps In

If cooperation collapses, section 736.0706 lets a settlor, a co-trustee, or a beneficiary ask the court to remove a trustee. The court may do so when a lack of cooperation among co-trustees substantially impairs the administration of the trust. While a removal request is pending, the court may also order relief it considers necessary to protect trust property and the beneficiaries’ interests.

Courts care about outcomes, not personalities. Evidence that bills went unpaid, investments sat idle, or distributions stalled makes the harm concrete. Because removal is a serious step, judges want to see that the conflict is actually hurting the trust rather than simply bruising egos. Sometimes the better route is narrower, such as asking the court to resolve one specific question so the trustees can get back to work.

Stuck in a standoff with a co-trustee? Mark R. Manceri, P.A. represents both trustees and beneficiaries in these disputes. Reach out online or by phone, and our Pompano Beach trustee dispute lawyers will help you decide whether to negotiate, seek instructions, or ask the court to act.

Source:

flsenate.gov/Laws/Statutes/2025/736.0703 https://www.flsenate.gov/Laws/Statutes/2025/736.0706