This is the next article in my series on the possibility of removing a trustee in Melbourne and other Florida areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one are involved in a dispute. It is important that you speak with counsel sooner, and not later, as these matters often involve complicated issues of fact and law. In this article I will be discussing when the Court may actually be willing to issue a removal. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts can remove a trustee for failing to meet their duties or when there is agreement and removal best serves the trust
Florida Statute 736.0706 allows for several instances in which a trustee may be removed from their role. These include situations in which the trustee has somehow breached their fiduciary duty, when there are co-trustees and a lack of cooperation between them is limiting the implementation of the trust, when a trustee has persistently failed to meet their obligations, or when there has been a substantial change of circumstances and the Court finds it is in the best interest of the trust to remove the trustee. Examples of breaches or failures can include self-dealing or simply a recurring pattern of negligence. Whether any of these standards for removal are actually met will depend on the facts of the situation.
An important point to understand is that the Court will only remove a trustee for the reasons listed in 736.0706. The Court will not remove a trustee simply because the beneficiaries disagree with how they are doing things or that they do not like the trustee on a personal level. Also, the Court is very unlikely to remove a trustee due to a simple one-time mistake or something “falling through the cracks” on a single occasion. The trustee must typically be acting with bad faith or a level of negligence which rises to the point that it is clear that they cannot protect the best interest of the trust. This is often a point of confusion for beneficiaries as it is common for individuals to want removal for reasons which will not justify it.
The foregoing is best explained through an example. Suppose Jack Trustee has been called upon to administer a family trust after his father passed away. One of his roles is to issue monthly distribution checks to beneficiaries for monthly rent received on various rental properties. He also works a full-time job. One month, Jack has been required to work extensive overtime and, as a result, he is two days late in performing necessary accounting tasks and distributing distribution checks. This one-time occurrence is understandable and the Court would almost certainly take no action. If, however, it is shown that Jack regularly does not send out checks until he has been contacted several times, and that he is engaging in self-dealing (employing his friends as contractors at inflated prices) in regard to maintaining the properties, then the Court may very well remove him. Again, the specifics of the case will dictate how a Court will rule.
Contact a Melbourne trust dispute lawyer if you wish to remove a trustee
As explained above, attempting to remove a trustee can be a highly complicated matter. It is important that all of the relevant facts be presented to the Court or the Judge may be unwilling to issue a removal. Conversely, bringing a frivolous request to the Court can result in the beneficiaries being sanctioned by the Judge. An experienced attorney can assist you with determining whether you have a legitimate claim and how to bring it before the Judge.
I am a Melbourne trust dispute lawyer who assists beneficiaries who need to remove a trustee. I understand that this is an important situation and that time can be of the essence. My firm will give your case the attention it deserves. If you are in need of assistance then contact us online or by telephone 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.