1-561-514-0900 FREE CONSULTATION

Tag: #floridatrustcode

Florida Trust Code — what you need to know

FAQs Apr 19, 2021

The Florida Trust Code is a set of statutes. It sets the groundwork for all Florida trust matters. Everything from the trustee-beneficiary relationship. Creating and ending trusts. And, of course, judicial proceedings like lawsuits and removal actions. To get a plain-English background of this body of Florida law, keep reading. We will point you to the most important parts of the trust code. Whether you are a beneficiary, trustee, or adult child of a beneficiary or trust creator. And, yes, if you got cut out of a trust, there’s information for you, as well. If you would like to see a number of focused, informative Florida Trust & Probate Videos for free. Click HERE for an outstanding video library on important Florida estate and trust legal topics. Now, let’s show you what to read in the trust code, and we’ll name specific statutes for your to read. This is “user-friendly”. There is a link to more information on the part we are writing about, so you can read or learn more on a particular topic if you want. The Background First, you should know the background. The Florida Trust Code is a set of statutes. These statutes are found at Florida Statutes Chapter 736. The trust code is similar to the Florida Probate Code and the Florida Guardianship Code. How? They set forth what our legislature wants you to know about those particular topics. Why mention them? Because they can all interconnect. If you have a guardianship of a wealth […]

READ MORE

Suing a Trustee Individually and as Trustee of a Miami Trust

Uncategorized Nov 21, 2020
post about Suing a Trustee Individually and as Trustee of a Miami Trust

Are you suing a trustee individually? Can you even do that? Most trust beneficiaries want to know what their rights are when a trustee behaves badly. We have previously written about REMOVING A TRUSTEE and SUSPENDING A TRUSTEE. When should you sue a trustee both individually and as trustee of a trust in Florida? Suing a person who happens to be serving as a trustee is different than suing that person in his or her capacity as trustee. If a Florida Probate Court surcharges your trustee or finds there are damages, that trustee may have to pay personally and not from trust funds. Florida Trustee Duties Under the Florida Trust Code, a trustee has the following duties: Duty to Administer the Trust in good faith and accordance with its purposes and the Florida trust code. Duty of Loyalty. A trustee cannot engage in self dealing for its own advantage of profit, it must be loyal to the trust and beneficiaries. The trustee violates the duty of loyalty any time a transaction is entered for the trustee’s own advantage or benefit. These are general voidable by the court.  Duty of Prudence. The trustee must administer the trust as a prudent person would after considering the purpose of the trust, its terms, what the circumstances of the trust and market are etc. The trustee also cannot incur unreasonable expenses. Duty of Special Skills means that a trustee with special skills will be held responsible to utilize those skills. For example, if a person serves as a trustee who is a lawyer or accountant, that person […]

READ MORE

Defending the Florida Trustee: FREE CLE Zoom Webinar Friday, November 13, 2020 1:00- 1:50 pm

Uncategorized Nov 6, 2020
post about Defending the Florida Trustee: FREE CLE Zoom Webinar Friday, November 13, 2020 1:00- 1:50 pm

Each month, Pankauski Hauser Lazarus offers Continuing Legal Education (CLE) webinars, which are approved by the Florida Bar. All CLE webinars are sponsored by Pankauski Hauser Lazarus and FREE to Florida Bar members. All Florida lawyers are welcome to attend. Pankauski Hauser Lazarus exclusively represents clients in matters involving disputes, trials and appeals surrounding Florida estates, business, wills and probate litigation. Therefore, if you are a Florida probate, guardianship or estate planning lawyer, many of the webinar topics may relate to your Florida practice. SAVE THE DATE: Friday, November 13, 2020, 1:00 p.m.-1:50 p.m. Pankauski Hauser Lazarus PLLC will be offering a FREE, 1 credit hour CLE on Defending the Florida Trustee- how to properly plead affirmative defenses, led by managing partner John Pankauski.  Mr. Pankauski literally wrote the book on trusts. You can purchase his Pankauski’s Trustees’ Guide on Amazon. WHERE: Online via Zoom. REGISTRATION REQUIRED: To register for this CLE webinar, click here. Once registered, you will receive an email with the link to join the webinar.  If you have any questions, or need more information, please email Amanda@phflorida.com.

READ MORE

5 Things You Need to Know About Removing a Trustee

Uncategorized Dec 12, 2014
post about 5 Things You Need to Know About Removing a Trustee

Are you the beneficiary of a Palm Beach trust? I can’t tell you how many calls I get at our West Palm Beach probate litigation law firm.  (We have added new and updated material on removing a Florida trustee.)  Trust beneficiaries are upset with their trustee. “I want to remove my trustee!” they complain. Here are five things a trust beneficiary needs to know now about trying to remove a trustee of a Palm Beach trust.

READ MORE