In each case - a Florida probate or trust - someone, the fiduciary, has duties and is in charge property for another. Same (or similar) for the “Personal Representative” or “ Executor” of an estate. You can read all about liability of a trustee in Florida Chapter 736, the Trust Code, by clicking HERE. Beneficiaries have a whole list of remedies that a court can apply. More correctly, a trustee who breaches her duties is liable for damages, interest, attorneys fees and costs. If you breach, or “break,” those duties, even one of them, then the trustee can be “guilty” of breach of fiduciary duty. Now, let’s get back to those duties a trustee owes its beneficiaries. Just because you are named in a trust document does not mean you have to be the trustee. Trustees are actually not required to serve as trustee. And, in fairness to trust beneficiaries, the Florida trustee has a lot of duties they owe to beneficiaries. She is a fiduciary who is supposed to place the interests of her beneficiaries above everyone else’s–including her own. A Florida trustee is managing property of another for beneficiaries. Let’s face it: most people want their inheritance “ outright“….and not in a trust.īut being a trustee is serious business. And a lot of beneficiaries don’t like the idea of asking a trustee for money. And your attitude.Ĭandidly, not every trustee is necessarily bad. Whether or not trustee criticism is justified depends on your case. Lots of family members and trust beneficiaries take issue with their trustee. What is aiding and abetting a breach of fiduciary duty in Florida? Getting the Background: what it’s like to be trustee in the State of Florida To learn more, click HERE, and keep reading. But can you sue the trustee’s lawyers too? How about those that assist a trustee in doing bad things? A recent appellate opinion discusses what is aiding and abetting a breach of fiduciary duty. Lots of trust beneficiaries know that you can sue your Florida trustee for breach of trust.
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