If you are a beneficiary of a trust or estate and you have a trustee or a personal representative that it’s not doing a good job you may be able to remove him or her under Florida law. A personal representative and trustee called fiduciaries have an obligation to diligently and fairly administer the estate or trust according to Florida law. A fiduciary cannot self-deal, nor favor one beneficiary over another. As a beneficiary of a trust, the trustee must give you an accounting at least once a year of the trust assets. If you are not being reasonably informed of what’s going on, you should do something to enforce your rights so that you can have the information you need to understand what’s going on in the estate administration or the trust administration. Also, if the trustee in the trust administration is not fulfilling their fiduciary duties and has committed a serious breach fiduciary duty, you are entitled to seek their removal under Florida law. The trust code also allows you to seek recovery of your attorneys’ fees either from the trust or from the trustee individually.
If you are a personal representative, trustee, or a beneficiary, and you’re having a legal issue ShuffieldLowman has a very experienced fiduciary litigation department that can help you. We will work very hard to try to solve your legal problem.