3 Things to Consider Before You Try to Remove the Family Trustee in a Palm Beach Probate Lawsuit

Are you the beneficiary of a West Palm Beach family trust? Are you sick  of the way your brother treats you because he as the trustee has all the power? You may be able to remove the West Palm Beachtrustee and get a new one put in his place. Do you know how to ask the probate court to appoint a new trustee? Here are the things you are going to have to consider. 

1. What Does the Trust Say?

• If you want to get the trustee out the first place to look is the trust documents themselves.
• These usually contain strict rules on how the trustee is supposed to act.
• These are in addition to the rules outlined in Florida’s trust code.
• The trust may outline who gets paid and when not to mention a guide for how the trustee administers the trust.
• You as a beneficiary of the trust will have a right to the relevant documents.
• If you do not have a copy simply ask for one from the trustee or his probate attorney.

2. Can You Prove Misconduct?

• You may be able to prove he was not following the terms of the trust to get the guy thrown out.
• There are other ways to remove a trustee in West Palm Beach.
• For example you may be able to show misconduct that is not outlined in the trust documents.
• Common examples include self-dealing, breach of trust and co-mingling of assets.
• Self-dealing is when the trustee benefits off the trust improperly in West Palm Beach.
• Breach of trust is any action that abuses the fiduciary relationship between you the beneficiary and the trustee.
• Finally co-mingling of assets is when the trustee mixes up trust and personal property improperly.
• These are just a few of the common forms of misconduct that can be found in West Palm Beach to remove a trustee.

3. Can You Afford a Probate Attorney?

• There are also practical considerations to be made.
• For example can you afford an experienced Palm Beach trust litigator that is going to get the results you need?
• A discount cut rate attorney may not have the experience to combat an attorney chosen by the trustee and paid out of trust funds.
• That is why before you decide to act you need to consult a few local probate litigators to see if they know what they are talking about and what results they think they can achieve.  

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