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How to Remove a Trustee in West Palm Beach Based on Fitness

Are you involved in a Florida trust and you don’t like your trustee? Well there’s a big difference between a trustee doing bad things, like investing poorly, failing to give you accountings, operating the trust in secret or private and not telling you where the money is, or where he or she is spending the money. There’s a big difference between that and just not liking your trustee.

So, can you remove a trustee? Well, you can. In Florida, in our trust code, we have a very specific law that lets you, the beneficiary, try to remove a trustee.

How do you remove a trustee in Florida? Well, one thing you can demonstrate is that the trustee is not fit to be trustee. How you define fitness, how a court interprets fitness, and what aspects you can show of the trustee’s conduct to demonstrate to the court they’re not fit to be trustee, they shouldn’t be trustee, are very, very important issues that you not only need to discuss with your estate lawyer, or your probate litigation counsel, but you have to prove at trial.