This is the first post in a series of articles which will address the process of removing a Trustee in Melbourne and other parts of Florida. I am writing on this topic due to the fact that heirs and beneficiaries are often unsure as to what rights they do and do not have in such situations. This lack of clarity can lead to unnecessary conflict or, potentially worse, one’s rights being violated. I am writing this series, therefore, with the goal of providing information which will help people to better understand their situation. It is also my goal to provide information which will assist with the selection of an attorney. If you believe you require help then contact my office today to speak with a lawyer.
I will be addressing a number of topics over my coming articles. Issues which I will be analyzing include the following:
- When Florida Courts may be willing to remove a Trustee
- How to remove a Trustee
- Why beneficiaries should take immediate action if their rights are being violated
- Why litigation may be unnecessary in such situations
I have chosen to address these particular topics for a number of reasons. First, the Court will not remove or reprimand the Trustee simply because one disagrees with their decisions. The Court will only take action if the Trustee is somehow violating their obligations. Second, understanding the process involved with removing someone is important to making a decision as to whether one should proceed. Third, if the rights of the beneficiaries are being violated then they should take immediate action. This can help to prevent the trust’s assets from being squandered. Fourth, in many situations it may be possible to reach a resolution through which the Trustee voluntarily steps aside. This can help to avoid delay and unnecessary expense.
A key point I will be making in each of these articles is that one should retain an attorney immediately if they believe they are in need of assistance. Delaying action can result in irreparable damage to the trust. As a Melbourne trust dispute lawyer, I am able to assist with such matters. If you or a family member are in need of assistance then contact my office today to schedule an initial consultation. 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.