Do Trustees Need Unanimous Consent to Sell the Delray Beach House?

Are you and the co-trustees of a West Palm Beach trust not working  well together? You may want to check with your Florida trust lawyer about whether or not you can act without unanimous consent of trustees. Check out this recent case out of Illinois to learn more. 

Taking Action as a Trustee

• Acting without proper permission could result in Florida probate litigation when you are serving as a trustee in Boynton Beach.
• Estate lawyers in Florida are used to different trustees having problems over the years, that is a necessary evil of a family trust in Delray Beach. 
• If you want to take action as a trustee but the other trustee is opposed you may still be able to make progress.
• The first step is to look at the actual trust documents if you are still unclear as to your rights it may be time to talk to the Florida probate lawyer. 
• Probate litigation attorneys are not just good at fighting lawsuits they can also help you avoid that probate lawsuit. 
• Florida estate lawyers have experience with stubborn trustees and may be able to force a budge.
• Talk to probate attorneys Florida to learn when and where you can act without the co-trustee’s permission. 

Banos v. Xamplas

• This was a case from the Appellate Court of Illinois.
• The trust charter said that the trustees could act with majority approval in other words it was not required that the decision be unanimous.
• Florida estate attorneys always make sure to check the trust charter before giving probate legal advice.
• The one trustee was not very happy that she was left out of the decision making process so guess what she did?
• That’s right she filled a probate lawsuit. 
• On appeal though she could not win a case of breach of fiduciary duty because the other trustees followed the documents correctly.
• Do you think you have a valid claim for breach of fiduciary duty in West Palm Beach?
• Talk to an experienced Palm Beach probate law firm today.

Want to learn more?

Check out the entire case by clicking here.

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