Breach of Trust Cases in Florida Trust Litigation: are the co trustees also responsible?

Are you involved in trust litigation in Florida?   Many trust beneficiaries seek the help of trust lawyers, specifically trust litigators who assist trust beneficiaries with their inheritance rights.  A recent federal court case reminds us that pleadings in a lawsuit in federal court are different than in state court. Federal court requires more detailed allegations than a plain statement of the facts.  Additionally, this recent case reminds us that a trustee who is alleged to have committed wrongs, or who is sued for breach of trust by a trust litigator, is entitled to have others who participated in any wrong to contribute.   A co trustee is entitled to contribution from another co trustee.  But only if both co trustees are liable. In other words if one co trustee is sued, an is found responsible or liable for damages, the other co trustee could also be responsible for some paying some of the damages. Under Florida law, if a co trustee objects to what other co trustees are doing, they need to assert their disagreement in writing.  If a wrong continues, a co trustee has an obligation to put a stop to it:  like seeking relief in a probate court by filing a trust lawsuit.  Need to talk about contribution or trustee liability?  Email for a free one time 30 minute conference with a trust lawyer.  michelle@pankauskilawfirm.com  Advocate hard. Litigate smart.