Billions of dollars are in Florida trusts. And most trustees have the discretion to give beneficiaries money — or not ! What is Florida Trustee Discretion? We have previously provided commentary on Florida Trustee Breach of Fiduciary Duty. Now let’s consider the power of a trustee to exercise its discretion to give you trust money. Florida Trust Code Chapter 736 of the Florida Statutes is the Florida Trust Code. It tells you all about the law of trusts in Florida. This law also speaks about a trustee’s discretion. “There are two important things for any beneficiary to read” says trust litigator John Pankauski, author of Pankauski’s Trustee’s Guide– 10 Steps to Family Trustee Excellence. “One is the trust document itself. The other is the Trust Code.” Specifically, Pankauski says to read Florida Trust Law 736.0814. This trust law talks about a trustee’s discretionary powers. Pankauski knows a thing or two about trust lawsuits. His firm of expert litigators and appellate lawyers restrict their practice to litigation and appeals of trusts and estates. “A lot of out of state trust beneficiaries need assistance reading the trust document” says Pankauski. “And understand whether their Florida Trustee acted properly.” We have previously provided commentary about SUSPENDING your trustee vs. REMOVING your trustee. Now, let’s focus on Florida Trustee Discretion. Appealing Trustee Discretion What are the rules if you don’t like a trustee’s decision? Let’s say that the trust document says the trustee may distribute money to you for health, education, maintenance and support. […]