A January 2021 Florida appeals court opinion deals with breach of fiduciary duty Florida. If you are a beneficiary of an estate or trust, listen up. If your fiduciary is not behaving properly, you may be able to sue for breach of fiduciary duty. Against an estate executor or trustee. A January, 2021 case deals with breach in an important trust context. If a trustee’s bad acts are serious enough, they can be REMOVED as trustee. Knowing all your remedies as a beneficiary is key to your case. This can include getting your attorneys fees paid, SURCHARGING your trustee, making her account, getting her to return compensation and fees. But, beneficiaries be aware of very short STATUTES OF LIMITATIONS which may be only months-long. Breach of Duty by Trustees in Florida A trustee’s breach of their duties is serious business. First, trustees in Florida owe a lot of duties to their beneficiaries. Heck, read the Florida Trust Code to learn more about trustees and Florida trusts. A breach is like a broken promise. If damages are caused, the trustee can be liable for those damages, SURCHARGE and even your attorneys fees and costs. But you have to have STANDING to sue the trustee. You have to have some legal connection to the trust or the trust property. And before you run off and sue your trustee, consider this. If you lose, your trust share, or you, may have to pay the trustee’s attorneys fees. There are fee shifting laws in […]

A Florida breach of fiduciary duty is serious stuff. It can bring damages to beneficiaries or an estate or a trust. And a whole lot of trouble to a bad trustee or personal representative or POA. We have previously written about excessive compensation and removing or suspending a trustee. We have also written about this topic of FIDUCIARY DUTY before. Now, let’s lay it all out there in plain English. And from a standpoint that other Florida Legal Blogs may not take . What is a Fiduciary? Before we define Florida Breach of Fiduciary Duty, let’s make sure you have the background. First, a trustee owes DUTIES to her beneficiaries. Same for a PERSONAL REPRESENTATIVE. Trustees and personal representatives are fiduciaries. Fiduciaries are those who volunteer to perform certain tasks for others. I say “volunteer” because no one can be forced to serve others or be a fiduciary. Even if you are nominated or named in a will or trust. If you don’t want to serve, decline. Fiduciaries, most of the time, are entitled to reasonable compensation. A Power of Attorney, also called an attorney-in-fact, is also a fiduciary. Don’t be confused. Even though the Power of Attorney Law uses the word “agent”, a POA is a fiduciary. Standards of a Fiduciary There are certain “rules of the game.” Standards. If a personal representative or trustee acts badly or steals money or takes secret fees, they can be SURCHARGED. But civil theft is not necessary for a fiduciary to be […]

If someone helped a fiduciary breach their fiduciary duty, is that someone responsible, too? A March 24, 2021 appeal from Florida’s 3rd District Court of Appeal discusses aiding and abetting a breach of fiduciary duty in Florida. We have previously commented on Breach of Fiduciary Duty under Florida law. Now, let’s consider this new case. Miami Dade Appeals Court Decision The Miami Dade Appeals Court, the 3rd DCA, issued its opinion in Grape Leaf Capital, Inc. v. Lafontant. In that case, a Personal Representative of a Florida estate was alleged to have received a loan. The “executor” was alleged to have entered into a loan agreement in exchange for proceeds to be recovered from a wrongful death case. In Florida, a wrongful death case is brought on behalf of the estate. The court-appointed Personal Representative of the Florida Probate is the plaintiff. (For a September 15, 2021 4th District Court of Appeal opinion involving this legal topic, click HERE.) Miami Dade Probate In this recent appeal case, some lawyers were alleged to have “substantially assisted” the personal representative breaching her fiduciary duty. A breach of fiduciary duty exists when you have the following. A duty owed to someone, a breach of a duty that causes damage. So, what does aiding and abetting a breach of fiduciary duty mean? A cause of action, or lawsuit, for aiding and abetting a breach of fiduciary duty is comprised of 4 things or elements. First, you need to have a fiduciary duty. Second, a […]