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Tag: #breachoftrust

What is Breach of Trust in Florida?

What We Do Apr 6, 2021
post about What is Breach of Trust in Florida?

What is breach of trust in Florida? We have previously written about breach of trust. Now, we’ll dig a bit deeper. Breaches are serious business for trustees and beneficiaries. Bad Florida Trustees Breach A breach of trust in Florida is a breach of fiduciary duty by a fiduciary. Fiduciaries can include trustees and personal representatives. Personal Representatives run estates. Trustees administer trusts. They both owe their beneficiaries serious duties. Fiduciary duties include such things as being loyal, prudent, acting in good faith and with impartiality. A breach of fiduciary duty is when a person owes another a fiduciary duty. And that fiduciary breaches, or breaks, her duties. The breach causes damage. The Florida Trust Code uses this phrase. But a breach of trust in Florida is a breach of fiduciary duty. A trustee who breaches can be ordered to return money to the trust like trustee compensation. Or damages and attorneys fees and costs. Calculating damages in a breach case is an important part of your litigation strategy. A bad trustee can also be ordered to pay a fine, also known as a surcharge. What Do Florida Appeals Courts Say Florida appellate courts interpret the law and the decisions of probate judges. They issue opinions. They tell us what the law means. To read an APPELLATE DECISION about this topic, for free, CLICK HERE.

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Florida Breach of Trust– what is it

What We Do Apr 6, 2021
post about Florida Breach of Trust– what is it

If you are a trustee or beneficiary of a Florida Trust, you have probably heard the words “breach of trust.” But what really is a Florida Breach of Trust? Well, we are going to answer that question in plain-English. We have previously provided FREE LEGAL TRUST COMMENTARY about breach of fiduciary duty, SUSPENDING A FLORIDA TRUSTEE and also REMOVING a Florida Trustee. Let’s explore this trust concept for Florida beneficiaries and trustees. Florida Trust Law The Florida Trust Code is a set of statutes. Chapter 736 will tell you “all” you need to know ’bout trusts in Fla. You can read it for free. Trustees may want to know about DEFENDING a breach lawsuit. The truth is that a breach of trust is a breach of fiduciary duty. To read a case which DEFINES what a breach of fiduciary duty is, CLICK HERE. This case also reveals that a breach of fiduciary duty action is different from a claim to an accounting. Trustees owe their beneficiaries lots of DUTIES. When a trustee falls short or “breaks” those duties, that’s a breach. When a trustee falls below the standard of care of a reasonable trustee, she can be liable to the trust for DAMAGES. Trust beneficiaries can click HERE to learn what remedies they have against their trustee. Here is a LIST of all the duties your trustee owes you. Trust Caselaw Appellate opinions are referred to as “caselaw.” Appellate courts review trial court orders. In Florida, most trials involving a […]

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Florida Trust Lawsuits + Breach of Fiduciary Duty- November 30,2016 Third DCA Opinion

Uncategorized Jan 9, 2017
post about Florida Trust Lawsuits + Breach of Fiduciary Duty- November 30,2016 Third DCA Opinion

There are a lot of Florida Trust Lawsuits !  What is a fiduciary duty? A fiduciary duty is the obligation to place someone else’s interests completely above one’s own interests. Usually, the fiduciary carries out this duty by faithfully and diligently managing or handling another person’s affairs. Is the trustee of a Florida trust , or the personal representative of a Palm Beach estate, subject to a fiduciary duty in favor of the beneficiaries? Yes! To read a FREE BLOG on Trust Contests, CLICK HERE.  If you are involved in trust litigation, you may want to read Turkish v. Brody.

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