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Removal of Trustee

Want to remove a trustee from continuing to serve as trustee of a Florida trust, or as trustee?

Why not read the Florida Trust Code on what it takes to remove and get rid of a trustee?

Florida Trust Code 736.0706 Removal of Trustee

  1. The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.
  2. The court may remove a trustee if:
    1. The trustee has committed a serious breach of trust;
    2. The lack of cooperation among cotrustees substantially impairs the administration of the trust;
    3. Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
    4. There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable co-trustee or successor trustee is available.
  3. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.
  4. History.—s. 7, ch. 2006-217.

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