Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand a Trustee’s Duties
In Florida, trustees must administer a trust according to its terms and the Uniform Trust Code (Chapter 736, Florida Statutes). They owe beneficiaries duties of loyalty, impartiality, and prudent administration. See Fla. Stat. §736.0708 for reporting requirements.
2. Request an Accounting
Beneficiaries can demand a detailed account of trust transactions. Under Fla. Stat. §736.0813, a trustee must provide annual reports showing assets, liabilities, receipts, and disbursements. If the trustee refuses, you can petition the court to compel an accounting.
3. Gather Evidence of Misuse
Collect bank statements, canceled checks, correspondence, and trust documents. Document any unauthorized withdrawals, self-dealing, or missing assets. This evidence supports a court petition for relief.
4. Petition the Court to Remove or Restrict the Trustee
Florida courts can remove or restrict a trustee for serious breaches of trust, unfitness, or conflicts of interest. Under Fla. Stat. §736.0706, a court may remove a trustee if they misappropriate funds, persistently fail to administer the trust, or engage in misconduct.
5. Seek Surcharge or Monetary Relief
Beneficiaries may also pursue a surcharge to recover losses caused by misuse. Fla. Stat. §736.1001 grants courts “enhanced judicial remedies,” including removal, surcharge, or replacement of the trustee to restore trust assets.
Helpful Hints
- Review the trust instrument for specific removal or dispute procedures.
- Keep copies of all communications and financial records related to the trust.
- Note any deadlines or statutes of limitations for filing court petitions.
- Consider mediation or settlement conferences before formal litigation.
- Consult a qualified attorney to assess complex trust provisions and litigation strategy.