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 […]

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.

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 […]

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.

Are you a Florida Trustee being sued for breach of fiduciary duty?  What can you do? What defenses are available in a Florida trust lawsuit? Should you hire a trust litigator Boca Raton? To see a FREE VIDEO about TRUST CONTESTS, or a trust challenge click HERE.  What is res judicata? What is laches? You will want to read Woodward v. Woodward to find out.