This is the next article in my series on removing a trustee in our state. My last article discussed when Florida Courts may be willing to remove a trustee. It is important to understand that the Court will not remove the individual simply because the beneficiaries disagree with them. Typically, it must be shown that they are violating their duties, either intentionally or through negligence. An experienced attorney can assist you with determining whether the Court may take action in your particular situation. In this article I will be discussing the process of removing a trustee. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
The process of removing a Florida trustee begins by filing a Petition with the Probate Court
The first step in removing a trustee in our state is to file a Petition with the Probate Court. This is a formal document in which the requesting party will state why they believe removal is required. The trustee will be given the opportunity to file a response. The Court may stay (pause) any administration of the trust until the dispute is resolved. In more complex matters, it may be required to conduct discovery into the alleged wrongdoing so that a case may be made. If necessary, the matter will proceed to a trial.
An important early step in this process is to request that the Court stay the administration of the trust and/or issue an injunction. This will prevent the trustee from engaging in further transactions which are harming the trust. If, for example, the case includes accusations that the trustee is squandering funds through self-dealing, any further distributions of trust funds would be prohibited. The type of injunction issued, as well as its breadth, will depend on the nature of the matter. Discovery in a Florida trust dispute may go on for some time if the case involves complex financial transactions. This, in turn, can result in the administration of the trust being delayed for some time.
Contact a Melbourne trust dispute lawyer if you wish to remove the trustee
If you are a beneficiary and you believe that a trustee is violating their obligations, then it is important that you contact an attorney as soon as possible. The longer you allow the situation to go on then there is a chance that the Court may not view the matter as an emergency. Also, failing to take immediate action may result in a further wasting of the trust’s assets. Counsel will take immediate action to ensure that your interests are protected.
I am a Melbourne trust dispute lawyer who recognizes the serious nature of such matters. My office will take immediate action in your case to ensure the rights of all beneficiaries are protected. If you need assistance then contact us online or by telephone to schedule an appointment. I look forward to speaking with you.
We also serve those in the areas of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.