Trusts are often created to make the transfer and management of family wealth easier. Unfortunately, trust administration can also become a source of serious conflict.
Beneficiaries may believe a trustee is withholding information, delaying distributions, misusing assets, favoring another beneficiary, charging excessive fees, or ignoring the terms of the trust. Trustees may face accusations of wrongdoing even when they are trying to administer a complicated trust correctly.
At Gold Legacy Law, PLLC, I represent trustees, beneficiaries, and other interested parties in Florida trust disputes.
Below are answers to 50 common questions about Florida trust litigation, trustee misconduct, trust contests, accountings, distributions, and beneficiary rights.
Florida Trust Litigation Basics
1. What is trust litigation in Florida?
Trust litigation involves a legal dispute concerning the validity, interpretation, administration, management, or distribution of a trust.
Disputes may involve trustees, beneficiaries, family members, successor trustees, or others whose legal or financial interests are affected by the trust.
2. What are the most common Florida trust disputes?
Common disputes involve breach of fiduciary duty, failure to account, delayed distributions, trustee self-dealing, excessive trustee compensation, missing assets, improper investments, trustee removal, trust interpretation, undue influence, lack of capacity, and challenges to trust amendments.
3. Is trust litigation different from probate litigation?
Yes. Probate litigation generally concerns an estate administered through probate court, while trust litigation concerns rights and property governed by a trust.
The two frequently overlap when someone dies with both a will and a revocable living trust.
Related Gold Legacy Law article: Probate Administration vs. Trust Administration in Florida
4. Does every trust dispute have to go to court?
No. Trust disputes may sometimes be resolved through attorney communications, voluntary production of information, negotiation, settlement, or mediation.
Court involvement may become necessary when a trustee refuses to act, property is at risk, beneficiaries cannot obtain required information, or the parties simply cannot resolve the disagreement.
5. Can beneficiaries sue a trustee in Florida?
Yes. A beneficiary may bring an appropriate proceeding when a trustee violates duties owed to the beneficiary or otherwise breaches the trust. Florida courts have broad authority to remedy a breach of trust.
Florida Trust Beneficiary Rights
6. What rights does a Florida trust beneficiary have?
Rights depend on the trust, the beneficiary's status, and Florida law.
Depending on the circumstances, beneficiaries may have rights to trust documents, information regarding trust assets and liabilities, accountings, required distributions, and judicial remedies when the trustee violates fiduciary obligations.
7. Does a trustee have to give beneficiaries a copy of the trust?
Qualified beneficiaries of an irrevocable trust may have important rights to trust information. Florida law specifically addresses a trustee's obligations to provide copies of the trust instrument and information concerning administration.
8. Does a beneficiary have the right to know what assets are in the trust?
Qualified beneficiaries may be entitled to relevant information concerning trust assets and liabilities and the particulars of trust administration.
That does not necessarily mean every beneficiary is entitled to every document on demand, but trust administration generally should not operate in complete secrecy.
9. Can a trustee refuse to communicate with a beneficiary?
A trustee cannot simply disregard statutory duties to keep qualified beneficiaries reasonably informed.
Persistent silence, especially when combined with delayed distributions or unexplained transactions, can become a significant trust administration problem.
10. Can a beneficiary request financial records from the trustee?
Yes, depending on the beneficiary's legal status and the information requested.
The appropriate disclosure may occur through a formal trust accounting, supporting records, or other information required under Florida law.
Florida Trust Accountings
11. Does a Florida trustee have to provide an accounting?
In many cases, yes. Florida law generally requires a trustee of an irrevocable trust to provide trust accountings to qualified beneficiaries at least annually and upon termination of the trust or a change of trustee, subject to statutory exceptions and permissible waivers.
Read more: Florida Trust Accounting Requirements: What Must a Trustee Disclose to Beneficiaries?
12. What must be included in a Florida trust accounting?
A Florida trust accounting should be reasonably understandable and disclose required information concerning trust transactions.
It generally identifies the trust, trustee, accounting period, receipts, disbursements, significant transactions, trustee and agent compensation, and trust assets.
13. Are bank statements the same as a trust accounting?
Not necessarily.
Bank and brokerage statements can support an accounting, but handing a beneficiary a collection of statements may not satisfy Florida's formal trust-accounting requirements if the information required by law is not adequately disclosed.
14. Can a beneficiary object to a trust accounting?
Yes.
A beneficiary who sees unexplained withdrawals, missing assets, unusual payments, questionable trustee compensation, or other problems may object and seek additional information or court relief.
Deadlines can apply, so an accounting should be reviewed promptly.
Related article: Florida Trust Accounting Requirements: What Must a Trustee Disclose to Beneficiaries?
15. What happens if a trustee refuses to provide an accounting?
A beneficiary may seek an order compelling an accounting. Florida courts can also impose additional remedies when a failure to account is part of a broader breach of trust.
Breach of Trust and Trustee Misconduct
16. What is a breach of trust in Florida?
Florida law defines a breach of trust as a violation by a trustee of a duty the trustee owes to a beneficiary.
The specific breach depends on the trust and conduct involved.
17. What fiduciary duties does a Florida trustee have?
Florida trustees are subject to duties involving proper administration, loyalty, impartiality, prudent administration, protection of trust property, recordkeeping, information, and accountings.
A trustee controls property belonging to the trust—not property the trustee may treat as their own.
18. What is trustee self-dealing?
Self-dealing generally involves a trustee using their fiduciary position to obtain an improper personal benefit from trust property or a trust transaction.
Transactions between the trustee personally and the trust deserve careful scrutiny because of the inherent conflict of interest.
19. Can a trustee use trust money for personal expenses?
Not simply because the trustee has access to the account.
Trust property must be used for authorized trust purposes. Unauthorized personal expenditures can potentially result in repayment obligations, damages, reduced compensation, removal, or other remedies.
20. Can a trustee borrow money from the trust?
A trustee should not assume that controlling trust assets gives the trustee the right to borrow them.
The trust terms, fiduciary duties, conflicts of interest, authorization, documentation, and fairness of the transaction all may matter.
21. What if I believe the trustee is stealing trust money?
Act promptly.
Preserve account statements, trust documents, emails, text messages, checks, transaction records, and other evidence. Depending on the circumstances, a beneficiary may seek an accounting, injunction, repayment, asset tracing, suspension, or removal of the trustee.
22. What happens if trust money is missing?
Missing funds should be investigated through financial records and the trustee's accounting.
Florida courts can order a trustee to restore property, pay money, account, or provide other appropriate relief for a breach of trust.
Removing a Florida Trustee
23. Can a trustee be removed in Florida?
Yes.
A settlor, co-trustee, or beneficiary can request removal, and the court may also remove a trustee on its own initiative. Florida law recognizes several specific grounds for removal.
24. What are grounds for removing a trustee in Florida?
A Florida court may remove a trustee for a serious breach of trust, lack of cooperation between co-trustees that substantially impairs administration, unfitness, unwillingness, persistent failure to administer effectively, or certain circumstances involving substantial changes or beneficiary requests.
25. Can a trustee be removed for refusing to communicate?
A communication problem by itself does not automatically require removal.
However, repeated failure to provide required information or accountings can become evidence of persistent failure to administer the trust properly or part of a larger fiduciary-duty claim.
26. Can a trustee be removed for favoring one beneficiary?
Potentially.
A trustee must follow the trust's terms and Florida fiduciary obligations. Where beneficiaries have competing interests, improper favoritism can create liability.
27. Can all beneficiaries simply vote a trustee out?
Not automatically.
Some trusts contain their own trustee-removal provisions. Florida law also provides circumstances in which beneficiary requests can support removal, but the statutory requirements still matter.
28. Who becomes trustee after a trustee is removed?
The trust document should first be reviewed for a designated successor.
If no qualified successor is available, Florida law provides procedures for filling a vacancy in trusteeship.
Trustee Fees and Compensation
29. Is a Florida trustee allowed to pay themselves?
Generally, yes.
Florida law permits trustee compensation, and when the trust does not establish the compensation, the central question is generally whether the amount is reasonable under the circumstances.
Read more: Trustee Compensation in Florida: How Much Can a Trustee Be Paid?
30. How much can a Florida trustee charge?
There is no universal rule that every Florida trustee automatically receives the same percentage.
The trust terms should be reviewed first. When compensation is based on reasonableness, the work performed, trust complexity, assets, responsibilities, time involved, and other circumstances can matter.
Related article: Trustee Compensation in Florida: How Much Can a Trustee Be Paid?
31. Can beneficiaries challenge excessive trustee fees?
Yes.
A beneficiary may challenge compensation believed to be unreasonable. Documentation of the trustee's work and the complexity of the administration can become important when fees are disputed.
32. Can a trustee reimburse themselves for expenses?
Trustees may generally be reimbursed for proper expenses incurred in administering the trust.
Receipts and detailed records are important because unexplained reimbursements can quickly become a source of conflict.
Delayed and Withheld Trust Distributions
33. Can a Florida trustee withhold money from a beneficiary?
Sometimes.
A trustee may have legitimate reasons to delay or decline a distribution, particularly when the trust gives the trustee discretion or when taxes, liabilities, expenses, property sales, litigation, or other administration issues remain unresolved.
A trustee cannot simply hold money indefinitely for personal reasons or use distributions to punish a beneficiary.
Read more: Can a Trustee Withhold Money From a Beneficiary in Florida?
34. How long does a trustee have to distribute trust assets in Florida?
Florida does not impose one fixed deadline that applies to every trust.
For a terminating trust, the trustee must move forward appropriately while addressing legitimate liabilities, expenses, taxes, property issues, and other administration requirements.
Detailed guide: How Long Does a Trustee Have to Distribute Trust Assets in Florida?
35. Can a beneficiary force a trustee to make a distribution?
Potentially.
If the trust requires a mandatory distribution and the trustee refuses without a lawful reason, the beneficiary may seek court relief.
A discretionary distribution requires a different analysis because the trustee may have authority to decide whether or how much to distribute.
36. What is a discretionary trust distribution?
A discretionary provision gives the trustee some degree of judgment concerning distributions.
The scope of that discretion depends on the trust language. Even broad discretion generally does not mean the trustee can act arbitrarily or in bad faith.
37. Can a trustee withhold an inheritance because they do not like the beneficiary?
Personal hostility is not a substitute for following the trust.
A trustee must base decisions on the trust terms, applicable fiduciary obligations, and legitimate administration considerations—not family grudges.
Related article: Can a Trustee Withhold Money From a Beneficiary in Florida?
Contesting a Florida Trust
38. Can you contest a trust in Florida?
Yes.
A trust or trust amendment may be challenged on legally recognized grounds. Depending on the facts, potential issues include undue influence, lack of capacity, fraud, duress, improper execution, or questions concerning amendment or revocation.
Read more: How Long Do You Have to Contest a Trust in Florida?
39. What is undue influence in a Florida trust case?
Undue influence generally involves improper influence affecting the settlor's estate-planning decisions.
These cases are highly fact-specific and may involve the settlor's vulnerability, relationship with the alleged influencer, changes to the estate plan, and the beneficiary's involvement in obtaining the documents.
40. What are warning signs of undue influence?
Warning signs may include sudden estate-plan changes, isolation from family members, dependence on one beneficiary or caregiver, secrecy, unusual involvement in attorney meetings, or a dramatic increase in one person's inheritance.
No single fact automatically proves undue influence.
41. Can a trust be challenged because the settlor lacked capacity?
Yes.
Florida law applies capacity requirements to the creation, amendment, or revocation of a revocable trust. Medical records, witnesses, communications, attorney records, and evidence concerning the settlor's condition near execution may become important.
42. Who has standing to contest a Florida trust?
Standing concerns whether the person bringing the challenge has a sufficient legal interest affected by the trust or proceeding.
A person should determine standing before investing substantial time and expense in litigation.
Read more: Do I Have Standing to Contest a Will or Trust in Florida?
43. How long do you have to contest a trust in Florida?
This question requires immediate attention.
For a trust that was revocable at the settlor's death, Florida Statute § 736.0604 bars a validity challenge if it is not commenced by the earlier applicable statutory period, including six months after the trustee sends the person a copy of the trust and a notice containing the information required by the statute.
That six-month period is not automatically six months from death.
Read the full explanation: How Long Do You Have to Contest a Trust in Florida?
44. Can a no-contest clause stop me from challenging a Florida trust?
Generally, no. Florida Statute § 736.1108 provides that a trust provision attempting to penalize an interested person for contesting the trust or instituting proceedings involving trust assets is unenforceable for trusts covered by the statute.
Related Gold Legacy Law article: Can a No-Contest Clause Stop Me From Challenging a Will in Florida?
That article also addresses Florida's corresponding rule for trusts.
Trust Real Estate and Asset Disputes
45. Can a trustee sell trust property without beneficiary approval?
Often, yes, depending on the trust and circumstances.
Beneficiaries do not automatically have veto power over every trust transaction. The trustee must nevertheless act within the authority granted by the trust and comply with fiduciary duties.
Read more: Can a Trustee Sell Property Without Beneficiary Approval?
46. What if a trustee sells trust property for less than it is worth?
A significantly below-market sale may raise questions about prudence, valuation, conflicts of interest, self-dealing, or whether the trustee properly protected the trust's interests.
The circumstances of the sale, marketing efforts, appraisals, relationship between the buyer and trustee, and supporting records may all become relevant.
47. What if one beneficiary is living in a trust-owned house for free?
That situation can create serious disputes.
Questions may arise about whether the trust authorizes occupancy, whether rent should be paid, who is responsible for expenses, whether the trustee is favoring one beneficiary, and whether the property should instead be sold or distributed.
48. What if property or money that belonged to the trust was transferred to someone else?
The transfer may need to be investigated.
Potential issues include trustee authority, use of a power of attorney before death, gifts, beneficiary designations, fraud, undue influence, incapacity, or improper fiduciary conduct.
Florida courts have authority in appropriate breach-of-trust proceedings to trace trust property and potentially recover property or proceeds that were wrongfully disposed of.
Remedies in Florida Trust Litigation
49. What can a Florida court do when a trustee breaches the trust?
Florida courts have substantial authority.
Available remedies can include compelling the trustee to act, preventing a threatened breach, ordering repayment or restoration of property, requiring an accounting, appointing a special fiduciary, suspending or removing the trustee, reducing or denying trustee compensation, tracing wrongfully disposed property, and granting other appropriate relief.
Trust disputes can also be resolved through negotiation or mediation when an agreed resolution is possible.
Hiring a Florida Trust Litigation Attorney
50. When should I contact a Florida trust litigation attorney?
Consider obtaining legal advice promptly if you believe trust assets are missing, a trustee refuses to provide information, an accounting contains unexplained transactions, distributions are being improperly delayed, the trustee is engaging in self-dealing, trustee fees appear unreasonable, a suspicious amendment changed the estate plan, or you believe a trust resulted from undue influence or lack of capacity.
Waiting can be particularly dangerous in trust disputes because different claims can be subject to different limitation periods, and certain notices can shorten the time available to challenge a trust or pursue claims against a trustee.
If you have already received a copy of a trust, accounting, release, proposed distribution, or notice containing a deadline, it should be reviewed promptly.
Need Help With a Florida Trust Dispute?
Trust litigation often involves more than money. These disputes can involve family relationships, property accumulated over decades, a parent's intended legacy, the conduct of a trusted fiduciary, and disagreements about whether a trust actually reflects the settlor's wishes.
At Gold Legacy Law, PLLC, I represent trustees, beneficiaries, and other interested parties in Florida trust disputes involving trustee misconduct, breach of fiduciary duty, trust accountings, delayed distributions, trustee removal, unreasonable trustee compensation, self-dealing, missing trust property, disputed real estate transactions, undue influence, incapacity, contested amendments, and other trust litigation matters.
Our firm serves clients in Miami Lakes, Miami-Dade County, Broward County, Palm Beach County, and throughout Florida.
I also understand that not every trust disagreement needs to become years of litigation. When appropriate, negotiation and mediation can provide a practical path toward resolving a dispute while preserving assets that might otherwise be consumed by continued litigation.
Whether you are a beneficiary concerned about a trustee's conduct or a trustee facing allegations regarding your administration, understanding your rights, obligations, and deadlines early can make a significant difference.
Contact Gold Legacy Law, PLLC to schedule a consultation with a Florida trust litigation attorney. Call us today at 305-556-5209.