Florida Probate FAQ: Can a trust beneficiary consent to a breach of trust (breach of fiduciary duty)?

Many beneficiaries of Florida trusts from Boca Raton to Brazil may wonder trust documents which the beneficiary signed at the request of the Florida trustee.  What if the beneficiary later discovers something bad that the trustee did?

Can a Trust Beneficiary Consent to a Trustee’s Bad Acts?

• Let’s say that your rich aunt from Boynton Beach, Florida left a $10 Million trust
• Maybe she had a revocable trust that became an irrevocable family trust after her death and Palm Beach probate
• The trustee is a probate lawyer in Palm Beach Gardens, Florida
• She sends to you, a beneficiary, a document entitled “release agreement” and you sign it
• You just released the trustee from liability for a certain amount of time, acts, inactions and money.
• Why?
• Read Florida Trust Code Seciton 736.1012: online , for free

Trust Beneficiaries: Be Careful What You are Asked to Sign

• Eyes wide shut?
• If you, a trust beneficiary, sign a release agreement, or  consent to something a trustee did or did not do, or you in any way “OK” it later on (what trust litigation law firms Palm Beach call “ratification“) , then you just let the trustee off the hook
• Want to know the exceptions to this rule of Florida Trust law?
• Read 736.1012 of the Florida Trust Code

Question: want to see some free online videos about trusts and beneficiaries and trustees?

Answer:  http://www.pankauskilawfirm.com/