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Breach of Fiduciary Duty Florida

In the News • Jul 28, 2021
post about Breach of Fiduciary Duty Florida

A January 2021 Florida appeals court opinion deals with breach of fiduciary duty Florida. If you are a beneficiary of an estate or trust, listen up. If your fiduciary is not behaving properly, you may be able to sue for breach of fiduciary duty. Against an estate executor or trustee. A January, 2021 case deals with breach in an important trust context. If a trustee’s bad acts are serious enough, they can be REMOVED as trustee. Knowing all your remedies as a beneficiary is key to your case. This can include getting your attorneys fees paid, SURCHARGING your trustee, making her account, getting her to return compensation and fees. But, beneficiaries be aware of very short STATUTES OF LIMITATIONS which may be only months-long.

Breach of Fiduciary Duty Florida is often litigated by experienced trust trial attorneys.

Breach of Duty by Trustees in Florida

A trustee’s breach of their duties is serious business. First, trustees in Florida owe a lot of duties to their beneficiaries. Heck, read the Florida Trust Code to learn more about trustees and Florida trusts. A breach is like a broken promise. If damages are caused, the trustee can be liable for those damages, SURCHARGE and even your attorneys fees and costs. But you have to have STANDING to sue the trustee. You have to have some legal connection to the trust or the trust property. And before you run off and sue your trustee, consider this. If you lose, your trust share, or you, may have to pay the trustee’s attorneys fees. There are fee shifting laws in trust, probate and guardianship cases. Knowing when and how they apply is important. This is something that should be part of your litigation strategy from day one. Yes, attorneys fees and costs should not be an afterthought.

1st DCA Opinion

The 1st District Court of Appeal issued its opinion on January 11, 2021. This was the case of Ammeen v. Sjorgren. This case involved a power of appointment, a settlement agreement entered into in New Jersey and a Florida estate. A father of minors, as “guardian” and father, sued a trustee. Sued for breach of trust. Breach of trust is a breach of fiduciary duty. A breach of fiduciary duty is when one, who owes a duty to another, breaks that, or breaches, their duty. This “breach” causes damage to someone who has legal STANDING. The damage is caused to someone who is owed a fiduciary duty. All trustees in Florida owe fiduciary duties to their beneficiaries. Want to know more about FIDUCIARY DUTIES of a Florida Trustee? Click HERE. To read about how the father did on behalf of his minor children, CLICK HERE to read the entire opinion to this Florida trust case.