This is the next post in my series on removing or challenging a trustee in our state. My last article discussed the process of removing a trustee in Florida. It is important to understand that the process of removal can be lengthy. This can result in the administration of the trust being delayed for a prolonged period. An experienced attorney can assist you with determining what you should expect from a given situation. In this article I will be discussing the need for a beneficiary to take immediate action if they believe their rights are being violated. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
I have previously discussed when Florida Courts will remove a trustee. If you believe this standard is being met then it is important that you take action as soon as possible. The longer one allows the situation to persist, then there is a chance the Court will not view the situation as urgent. The Court will also question whether the beneficiary is making the claim in good faith. These situations can make the Court less likely to grant a removal. Moreover, if the reason for removal involves squandering of the trust’s assets then it is important to take action as soon as possible so that additional funds and resources are not wasted. These are just some of the reasons to take immediate action in these situations.
It should be understood that “taking immediate action” does not necessarily mean filing a Court case. Quite often, a trustee may agree to step aside once they are contacted by an attorney. The trustee may be well aware that they have violated their obligations and they may not wish to go through the Court process. If the trustee is willing to step aside voluntarily then this can be better for all parties involved. A voluntary step-aside can often be best for all parties
If you believe removal is necessary in your case then contact my firm to speak with a Melbourne trust dispute lawyer. I pride myself in providing a high level of service and, if court action is necessary, we will file the necessary Petition as soon as possible. It is our goal to resolve your matter in the most efficient and cost-effective manner possible. We 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.