Are you concerned about trust mismanagement in a Florida trust? Family trustees have their benefits but removing them can be personal, ask any Florida probate lawyer. What can you do? It may be time topetition the Florida probate court. Do you know how?
Grounds to Removing a Florida Trustee
- What are the grounds for removing a Florida trustee?
- Estate attorneys Florida know that family trusts are getting more and more common aswill substitutes.
- That means that more and more people end up serving as trustees of the family trust.
- Florida probate attorneys know that these family trustees owe the same fiduciary duties as the most complex trust companies.
- Do you know what a fiduciary duty is?
- Florida trust lawyers know that a trustee has a higher duty than most to the Florida beneficiaries.
- Can a trustee take a loan out against the trust property?
- Technically property like trust real estate may be in the trustee’s name.
- So what is the big deal?
- Probate attorneys Florida know this is called self dealing.
- Self-dealing may be grounds for Florida probate litigation to remove the trustee.
- Want to learn more?
- Check out this recent case out of California where a family trustee had his own house sold out from under him because he was abusing his fiduciary duties to the other family members.
- Would this happen in Florida estate litigation?
- What do you think?
Prichard v. Pergiovanni
- This was a trust dispute from California but the principles hold true in Florida probate courts as well.
- That principle is that a trustee has to look out for the trust property for the benefit of beneficiaries, not himself.
- Here a family trustee was sued by his sister (a beneficiary of the trust) and the probate court found that he had breached his duty.
- Now what?
- He was removed from the trustee position and various trust property was to be soldincluding his home!
- Wow, would this occur in Florida estate litigation as well?
- What else do estate attorneys Florida need to tell family trustees about fiduciary duties?
Want to learn more?
Check out a free copy of the case by clicking here.
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