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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.”