Distressed Florida Trust Beneficiary? Can a Florida Probate Lawyer Remove a Negligent Trustee?

Uncategorized • Jan 14, 2016

Are you the trustee of a revocable trust that is the subject of Florida probate litigation? Florida probate lawyers know that when the probate court wants to remove the the trustee they may be required to give the trustee notice of a hearing prior to issuing the order. Want to learn more? Check out this recent appeal from Florida’s Second District Court of Appeal.

Removing the Trustee

One common area of estate litigation in Florida is trust disputes.
A Florida trust sets up a fiduciary relationship between the Parties whereby a Florida trustee holds property in trust for a beneficiary or beneficiaries.
Do you want to retain a Florida probate attorney to remove the trustee?
Do you know what the Florida estate lawyer is going to have to prove in order to win in Florida probate court?
Estate attorneys Florida may have to set special hearing and allow the trustee time to explain alleged misconduct.
In fact the trustee may even retain a Florida estate litigator of their own to defend their actions.
Do you know who has to pay those attorney fees?
Often times the trust funds themselves will pay the trustees legal fees.
Unsure about who will pay your trustee’s legal fees?
Talk to a Florida will contest lawyer or probate litigator today to learn more.
What steps have to be taken to discharge the Florida probate lawyer?

Batterson v. Elliot

This was an action aimed at removing a party as guardian of a ward and trustee of her revocable trust.
The trial court had issued an order removing the trustee for misconduct.
Of course, the Florida trustee appealed that decision of the probate court.
On appeal the court noted that the Florida probate court was well within its right to discharge the trustee given the alleged misconduct.
But the Court found that the trial court went about it the wrong way.
According to applicable statute the trustee had to be offered due process in the form of a hearing to hear their side of the story.
Failure to do so resulted in the decision being overturned.
Does that sound fair?

Want to learn more about how to discharge a Florida trustee properly?

Check out the entire case by clicking here.

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