Law Offices of Frese, Whitehead & Anderson P.A.

Local: 321.473.3295

Toll free: 866.510.7362

We can tailor a solution to meet your needs. Find out how.

What remedies exist in breach of trust cases?

Many Melbourne residents with means set up trusts to make sure that their estates don't have to pass through probate when they die. This can protect a decedent's loved ones from having to go through a long process to transfer or receive assets. This process isn't always conflict-free though. There are instances in which trustees fail to administer trusts appropriately. There are remedies that beneficiaries can pursue in these instances like this.

Title XLII of the Florida Statutes outlines how estates and trusts are handled in the state. Chapter 736 of the Florida Trust Code (FTC) outlines how a trustee must adhere to certain fiduciary duties including not breaching a beneficiary's trust in them. It also outlines the different remedies that apply if the trustee does breach their responsibilities.

The FTC spells out how a trustee who violates a beneficiary's trust may be ordered to restore the property or to repay money that has been squandered. If a trustee failed to perform their required duties, then a judge may compel that individual to carry them out.

If the breach of trust is particularly egregious, then a judge may order the suspension of the trustee. They may also require a special fiduciary to step in to manage property or to otherwise administer the trust.

A probate judge is ultimately authorized to remove the trustee as per Florida Statute section 736.0706. The court may also modify or altogether deny any compensation that the trustee may be owed. A judge is entitled to retrace property or place liens on it. The court may void any acts performed by the trustee as well.

Any remedies that a probate judge orders should be focused on restoring a beneficiary to their appropriate position. The court may order the trustee to withhold future distributions or to solicit the return of large payments or assets if necessary to ensure that the beneficiaries' interests are protected.

Many jurisdictions have certain guidelines in place for who can be appointed as a trustee to ensure that only those individuals with the highest level of professionalism and financial discretion hold these roles. Even still, things can go sideways fast. If you are concerned about how your loved one's assets have been handled then a trust litigation attorney can advise you of your right to take legal action in your Florida case.

No Comments

Leave a comment
Comment Information
AV LexisNexis Martindale Hubbell Peer review Rated for Ethical Standards and Legal Ability Super Lawyers The Florida Bar Board Certified Real Estate The Florida Bar Board Certified Taxi Law The Florida Bar Board Certified Wills, Trusts and Estates The Florida Bar Board Certified Civil Trial Florida Trend The Issues, People and Ideas that Define Florida Business