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A challenge to a trustee occurs when a lawsuit based on a trust is focused on the actions of the trustee in implementing the orders of the trust documents, or the trustee’s failure in his duties or responsibilities. The claim is generally a breach of fiduciary duty against the trustee. The validity of the trust itself is generally not a question in trustee challenges.

Challenges against trustees are common. A trustee has many duties and responsibilities in the administration of a trust. Most of these duties are not for the faint of heart. Even a sophisticated business person may find themselves in a maze of confusion. Protracted legal challenges against trustee’s may not only deplete the assets of trust, they may also bleed into the personal assets of the trustee.  This should give a trust creator great pause in the choice of trustee and protections set up in the trust for the safety of the trustee.

In other words, that tremendous trust and honor that you are bestowing on a friend of a loved one might turn out to be a white elephant.

Although a trust creator (known as the “Settlor”) may feel comfort in choosing a close friend or family member as trustee, it should not be lost on the settlor the burden of responsibility and personal exposure to legal action placed upon the trustee.  Therefore, when a close friend or family member is chosen as a trustee in lieu of an experienced professional trustee, it is not unusual for a well crafted trust to include mechanisms for the protection of the trustee.

We believe it’s fine to take comfort in a close friend or family member as trustee when you give that person the proper tools and team to administer a trust in a manner that protects the trust, the purpose of the trust, and the trustee as well.

Florida Trustee Breach of Fiduciary Duty Claims & Florida Trustee Breach of Fiduciary Duty Defenses

A trustee has duties and responsibilities in administering the trust. A trustee is liable for failure to properly administer a trust, either by overt act or by omission.

Sometimes the remedy sought is removal of the trustee. Sometimes, when funds have been wasted or mismanaged, or excessive fees have been taken, the remedy is a surcharge action. A surcharge action means that the trustee is personally responsible for the losses out of his own personal assets.  A list of the duties and powers of a trustee can be found under Florida Statute §§737.301-309.

Our Florida trust attorneys will handle your Palm Beach, Miami Dade or Broward claim against trustee.

If you currently administer a trust and have been sued, our Florida trust lawyers can handle a lawsuit against a trustee in Palm Beach, Broward, Miami Dade County and throughout Florida.

Beneficiaries have the right to an accounting, and using the court system may compel the trustee to account for and explain the trust assets and expenditures. If an accounting has been provided and is incomplete or objectionable to a beneficiary, then the beneficiary may seek judicial intervention for better, clearer, or more complete accounting. This is almost never a good sign to a trustee as demand letters and lawsuits often follow.

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Our Florida trust lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.

We handle trustee challenges and defenses in Palm Beach, Broward, Miami Dade County and throughout Florida.

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