Who gets to see the books? And who has legal standing in a trust matter to get a Florida trust accounting? The answers may surprise you. Who gets a Florida trust accounting? Just as “not everyone” can participate in a Florida probate, you have to be connected to participate in a trust. (To read more about the probate process, click here.) What?… Who gets a Florida trust accounting is limited to qualified beneficiaries. What’s a qualified beneficiary? Well, think of it as one who can get trust money right now, or who may get it when another beneficiary’s interest ceases. (Like, for example, if your mom or dad die, you might inherit their share of the trust. You don’t get money now, but you will get it in the future if there’s any trust money left. You and mom or dad in this example are qualified beneficiaries. And entitled to an accounting each year). A qualified beneficiary is defined in the Florida Trust Code at 736.0103(19). Want to learn more? Read this…. Read Florida Trust Code Chapter 736. It will tell you all about Trust Law in Florida and explain beneficiary rights and trustee obligations or duties. For more information about legal standing in a trust contest, read the Cruz case. This 5th District Court of Appeal opinion dealt with adult children who challenged their father’s revocable trust. This case also dealt with a limitations notice. (To learn about standing in a Florida probate, you can read this for free […]

An April 29, 2021 appellate opinion sheds light on Florida Trust Accountings and final orders. Most Florida trustees know that you can give a six month “limitation notice” to a beneficiary. Most beneficiaries don’t really understand that you may only have 6 months to sue for breach of trust. This recent case discusses the “finality” of an order on a Florida Trust Accounting. That final order can’t be changed except under three very unique scenarios. Keep reading to learn more about trust appeals. (For a free legal video on trust accountings in the State of Florida, CLICK HERE.) Florida Trust Law on Beneficiary Rights — but watch the clock ! First and foremost, trust beneficiaries have a lot of rights in Florida. You can read all about those rights under the Florida Trust Code. That’s chapter 736 of Florida Statutes. To read about the obligations and duties of a Florida Trustee, read Trust Code Statutes 736.0801-736.0817. As a beneficiary, you have a right to know who your trustee is and to a complete copy of the trust document. That includes any amendments, restatements or changes. You can also obtain annual trust accountings. Florida Trust Accounting — no secrets ! To read about an estate accounting, you can simply click here. A trustee cannot operate or run the trust in secret. There needs to be full disclosure. But, trust beneficiaries can’t wait forever to exercise their rights. Sometimes you have 4 years to sue for a breach of trust. And sometimes […]