Let’s say that you are a trust beneficiary of a trust that is governed by Florida law. One of the most commonquestions from trust beneficiaries that our trust litigation law firm West Palm Beach gets is “How do I remove my trustee?” Actually, one of the most common complaints from trust beneficiaries seems to be: “I want to remove my trustee.” OK, so, how in the world do you remove a trustee from office under Florida law?
The RoadMap to Getting Rid of a Florida Trustee
- First of all, understand that most trustees don’t go quietly
- What does that mean?
- Well, ask a trust lawyer Florida and she will tell you that it requires a removal action, or a lawsuit where you state the grounds for removal of the trustee and the legal basis for getting rid of your trustee
- So, the first lesson here is that your trust litigaion law firm Florida just can’t send to court their hotshot trust litigator to dazzle the judge with his or her knowledge of trust law
- It actually takes evidence to remove a trustee!
- And besides, trial lawyers know that argument of counsel, even really good trial advocacy, is NEVER EVIDENCE
- So, if you really want to remove a trustee, get focussed, get real and get serious
- That means a trust trial or an evidentiary hearing is necessary, which means you actually have to have witnesses, testimony and documents to introduce into evidence
- What else should I know about getting rid of a trustee in Florida?
Can I get rid of my Florida Trustee?
- Here is a copy of the 3rd DCA appeals court opinion on trustee removal and 736.0706 Florida Trust Code, called McCormick v. Cox, 118 So. 3d 980 (Fla. 3rd DCA, 2013):http://www.3dca.flcourts.org/Opinions/3D12-1289.pdf
- Here is a copy of the removal of trustee law from Florida’s trust code:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0706.html
- Remember that a probate judge in Delray Beach or Palm Beach Gardens is stuck with the Florida Trust Code and the law !
- So, what does the law say about removing a trustee?
- Well, there are limited, finite circumstances when you can remove a trustee
- Consider the law for removing and getting rid of your trustee:
736.0706 Removal of trustee
- (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.
- (2) The court may remove a trustee if: (a) The trustee has committed a serious breach of trust; (b) The lack of cooperation among cotrustees substantially impairs the administration of the trust; (c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or (d) There has been asubstantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
- (3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.Want to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?
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