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Beneficiaries Have the Right to Have Their Trustee Administer the Trust Prudently

Uncategorized Oct 31, 2016
post about Beneficiaries Have the Right to Have Their Trustee Administer the Trust Prudently

What rights do beneficiaries of a Palm Beach trust have? What is the right to have your trustee administer the trust prudently? What is Florida Statute 736.0804?

  • If you are a beneficiary of a Florida trust, you have the right to have your trustee administer the trust prudently. F.S. 736.0804.
  • Perfection is not required but ineptness will not be tolerated.
  • This includes a right to have your trust distribution given to you in a reasonable manner and in a reasonably timely manner.
  • If the trust is terminating, or you are to receive an outright distribution, the trustee should make the distribution to you as soon as any outstanding issues are resolved.
  • A trustee should not hold your trust distribution or inheritance hostage.
  • Likewise, if you request money from your trustee for such things as a discretionary distribution for living expenses, the trustee should respond to you with a decision, and explanation, in a reasonable time frame.
  • Florida Statute 736.0804 says the following: ” A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.”