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Tag: #suspendfloridatrustee

How to Suspend a Florida Trustee

What We Do Mar 13, 2021
post about How to Suspend a Florida Trustee

Florida trust beneficiaries always seem to want to REMOVE a Florida trustee. But, do you know how to suspend a Florida trustee? And, what’s the difference? Well, we have provided prior commentary about removing a Florida trustee. Now, we will discuss suspending a Florida trustee. We’ll also provide some insight from one of Florida’s top trust litigation attorneys, John Pankauski. Pankauski leads an elite group of trust and estate litigator lawyers and appellate attorneys. Heck, Pankauski literally wrote the book on family trustees. Start at the Beginning: Understanding Florida Trust Law Did you know Florida Trust Law gives great discretion to a judge? Yes. Florida Statutes §736.0201(2) permits Florida Courts to intervene in the administration of a trust. Fla. Statutes 736.0706 shows you how to remove a trustee. Trust Courts Have Great Power This authority granted to our judiciary is very broad.  It is only limited by a Court’s sound discretion.  In fact, a Court may “appoint or remove a trustee” or “determine any other matters involving trustees and beneficiaries.”   Florida Statutes §736.0201(4)(b),(g).  Want to read more?Here is a Florida trust appeal opinion that you can read for free. For a Miami-Dade appeals court case about removing a trustee, read the McCormick v. Cox case. The 3rd District Court of Appeal wrote a thorough opinion in 2013. “We often use the McCormick case” says trust litigator John Pankauski “when we are suing a bad trustee.” The McCormick case dealt with trustee removal, breaches of fiduciary duty and “unilateral” payment of […]

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