Suing Your Florida Trustee for Multi-Year Wrongs: getting around the statute of limitations
Beneficiaries of Florida trusts may be able to exercise their rights against a “bad” Florida trustee even when it may appear that the statute of limitations has expired. Translation: a beneficiary of a Florida trust may be able to sue a Florida trustee years after the wrong was committed. But these cases are very fact specific and turn on a number of issues. A trustee who engages in a continuing tort, or repeated wrongs, may be liable for those wrongs even after one believes that the statute of limitations has expired. Two points: first, the law does not look favorably on those who sit on their rights. The law rewards those who come to court to execise those rights. After all, silence and inaction are often viewed as acceptance and implied consent. Second, even if the statute of limitations has “run” or ended, you may be able to ask a court to intervene in the administration of the trust to remove the trustee or stop the continuing wrongs Check out Fla. Statute 736.0201. Advocate hard. Litigate strong.