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How Do I Remove a Trustee?

How do you remove a trustee in a Florida Trust lawsuit? If you’re the beneficiary of a Florida Trust and you don’t like your Florida trustee, you can remove the trustee by filing a trust action. Why? Because that’s what the Florida Trust Code says. That governs beneficiary rights to Florida trusts. You actually have to file a law suit. You go down to the clerk’s office, you pay the filing fee, you bring a law suit.

But here are some important points about removing a Florida trustee. You have to demonstrate that the Florida trustee is either unfit or intervening in the efficient administration of the trust. They’re doing something wrong.

One of the biggest misperceptions or misconceptions by trust beneficiaries regarding Florida trustees is they think they can remove a Florida trustee just because they don’t like that Florida trustee. Unh-uh, that is not going to happen under Florida Trust Law. You, the trust beneficiary, to remove a Florida trustee, have to demonstrate, not with argument, not with an assumption, but with clear evidence and facts, that the Florida trustee is in some way breaching their fiduciary duty, is unfit to serve, has a conflict of interest, is engaging in self-conflicted actions, improper actions or transfers or excessive fees or costs, something. Conjecture won’t carry the day. Just because you don’t like your trustee is not a winning case.