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How much does it cost to remove a Florida trustee from serving as trustee of a Florida family trust?

Uncategorized • Oct 7, 2015
post about How much does it cost to remove a Florida trustee from serving as trustee of a Florida family trust?

So, if you are a probate litigation law firm in West Palm Beach or Florida, you probably get this demand from trust beneficiaries who are interviewing Florida trust litigators all the time:  “I want to remove my trustee.”  Do you know what it takes to remove a Florida trustee of a family trust or arevocable or living trust which is now irrevocable?  OK, so if you are a Florida probate lawyer, you most undoubtedly get this question:  “How much does it cost to remove a Florida trustee?”  Well, this commentary on Florida probate & trust law is going to provide insight into the legal & financial hurdles to removing your Florida trustee from serving as trustee in Florida.

How do I get my Florida trustee kicked out?

  • If you want to know how to remove a Florida trustee, consider the Florida trust code.
  • That’s Chapter 736 of the Florida Statutes:  here’s the link to read the entire Florida Trust Code for free: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736ContentsIndex.html&StatuteYear=2015&Title=%2D%3E2015%2D%3EChapter%20736
  • First of all, you can get the trustee suspended under a certain specific Florida trust code law.  Do you know which Florida law lets you suspend the trustee?
  • Second, you can have the trustee ORDERED to stop doing something by a probate court judge.  That’s right, in Palm Beach County, all trust lawsuits are filed in the probate division, which means that you will be in front of a probate judge in Palm Beach Gardens, West Palm Beach or Delray Beach. Oh yes, and you probably won’t get a jury trial for you trust lawsuit.  Do you know how to get a jury trial for your Florida trust lawsuit?
  • Third, under a separate Florida Trust Law, you can actually have the trustee of the Florida trust kicked out of office and removed.
  • How do you get your Florida trustee removed?

The Secrets of Getting Rid of Your Florida Trustee

  • First of all, read the Florida Trust Law which specifically deals with the removal of a trustee.
  • That’s right, there is a Florida law just on how to remove a Florida trustee.  It’s your trust litigator West Palm Beach’s blueprint to success at your Florida trust trial.
  • Here is the link to read for free the Florida Trust Law on how to remove a trustee:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0706.html
  • So, how much does it cost in trust lawyer fees to remove a Florida trustee? Well,doesn’t it depend on 3 variables?
  • 1) how much will the trustee fight you?  If the trustee goes quietly, you can get it done, probably, really cheap, perhaps for under $10,000 or $20,000.
  • 2) if the Florida trustee fights you and opposes your trust lawsuit to remove and replace the trustee, then you are going to have a trial.  How much does a trial cost to remove a Florida trustee?  It depends on any number of factors, and facts, as well asprocedural circumstances, which no trust law firm West Palm Beach can predict.  If you have a trial, consider that you may spend somewhere between $50,000 and $150,000.  If there is no discovery, or if the trustee did something terribly bad and obviously bad, or has admitted the wrong acts, or breach of trust in Florida, then you may certainly pay less because you have limited, or no, discovery, and a more focussed, shorter trust lawsuit trial.  But if there is a lengthy trial and an appeal, the cost to remove a Florida trustee can be higher.
  • 3) finally, beyond the complexity of trial and the number of days you need to put on your case, the previously mentioned “discovery” can be costly.  How much financial or trust discovery do you need to prove your trust law suit case in Florida?  How manydepositions do you need? How many subpoenas do you need to issue ? Are theremotions & hearings? Is there a lot of financial data to gather and evaluate?  If there are lots of years of bank statements because you think a trustee stole money then you are going to spend a lot of money on hours and hours of document review and trust damage calculations.
  • In the end, no trust beneficiary should consider engaging in trust lawsuits in Floridaunless they are emotionally & financially committed to the trust lawsuit, and suing a Florida trustee.  Unless, of course, you can find a Florida probate litigation law firm to take your trust lawsuit on a contingency fee.
  • Lastly, consider: who will be the replacement Florida trustee?  What trust lawyers West Palm Beach call the successor trustee? Look in the trust document because it might say who comes on board as the new replacement trustee of the Florida irrevocable trust.  But, the outgoing trustee may have the power to appoint its successor trustee or replacement. So, the lesson here for Florida Trust lawyers is if you want a probate court in Florida to remove a trustee, consider asking the court to appoint the successor.