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Punitive Damages Against Florida Trustees

Can you get Florida damages, punitive damages, against a Florida trustee



Can you get Florida damages, punitive damages, against a Florida trustee, if you’re a trust beneficiary? The short answer is yes. A lot of time beneficiaries are upset with the way their trustee is handling a Florida trust. But punitive damages is something else. Punitive damages is an attempt by a probate court to punish a Florida trustee for something they did terribly wrong. Not from your negligence, not for a simple breach of fiduciary duty, you might be able to get the trustee removed in that sense. Punitive damages are available and can be a very valuable component if you’re suing your Florida trustee, but there’s very specific procedures and is unique case law in Florida about whether you can seek punitive damages against a trustee in the probate law setting. Unique procedures, unique law. You can’t ask for punitive damages as a right, you need to seek the permission of the probate court to bring that claim. If you’re a trust beneficiary you need to know how to do that.