Fiduciary Duties of a Co-Trustee

The fiduciary duties of a Florida co-trustee are the same duties as a regular Florida trustee, but there’s a few things you need to be aware about. First of all, you should understand that you can’t put your head in the sand like an ostrich. You need to know what your co-trustee is doing, you have to evaluate the co-trustee. And if they’re doing something wrong, you have an obligation to either express your dissent in writing, sue that co-trustee if something is egregious or tell your trust beneficiaries.

You can’t stand silent if you see your co-trustee is doing something wrong. You also have a responsibility to act in good faith and cooperate with your co-trustee. Now if you’re co-trustee with your stepmom, in law, an outlaw, a misfit or mistress, and you don’t get along with them, you’re gonna have to take some action. That may mean resigning or it may mean going to a probate court to resolve this difference between you two.