Fort Lauderdale Trustee Duties Lawyer
Guiding Proper Trust Administration and Resolving Disputes
When someone is appointed as a trustee in Florida, they accept a position of legal responsibility that demands careful, ethical, and impartial conduct. A trustee is responsible for managing trust assets for the benefit of the named beneficiaries in accordance with the terms of the trust and applicable Florida law. At Edward J. Jennings, P.A., we counsel trustees in Fort Lauderdale on fulfilling their legal duties and represent beneficiaries when disputes arise over improper trust administration.
What Is the Role of a Trustee?
A trustee is the person or institution tasked with managing the assets placed into a trust. Unlike a personal representative who serves temporarily during probate, a trustee’s responsibilities often span years or even decades. Trustees must administer the trust assets according to the instructions set forth in the trust document, taking care to protect the interests of all current and future beneficiaries. These duties are governed by the Florida Trust Code and carry significant legal weight.
Core Duties of a Trustee in Florida
Florida trustees have a number of fiduciary responsibilities, including:
- Duty of loyalty – The trustee must act solely in the best interest of the beneficiaries and avoid conflicts of interest or self-dealing.
- Duty of impartiality – The trustee must treat all beneficiaries fairly and not favor one over another, unless the trust specifically allows for it.
- Duty of prudence – The trustee is expected to manage trust assets with reasonable care, skill, and caution, particularly when it comes to investments or financial decisions.
- Duty to follow the trust terms – The trustee must carry out the trust as written, unless a court orders a modification or other legal exception applies.
- Duty to keep beneficiaries informed – Trustees must provide accountings and respond to reasonable requests for information, ensuring transparency in trust administration.
- Duty to maintain records – Accurate and complete records must be maintained regarding income, distributions, investments, and expenses.
Failure to meet any of these duties can result in serious legal consequences, including removal, personal liability, and court-ordered repayment to the trust.
Common Trustee Disputes
Disputes often arise when a trustee fails to provide information, delays distributions, mismanages investments, or appears to act out of self-interest. Beneficiaries may question decisions that reduce the value of the trust or allege that the trustee failed to follow the trust’s terms. Sometimes, disagreements emerge over interpretation of the trust itself, particularly when language is vague or open to different readings. At Edward J. Jennings, P.A., we help resolve these disputes through negotiation, mediation, or litigation when necessary.
Removal of a Trustee
If a trustee is not fulfilling their duties, Florida law provides mechanisms for removal. Beneficiaries can petition the court to remove a trustee for cause, including breach of trust, persistent failure to perform duties, unfitness to serve, or hostility among co-trustees or beneficiaries. In some cases, a successor trustee named in the trust may step in. Courts take removal seriously and require evidence of misconduct or mismanagement, which is why legal representation is essential in these matters.
Trustee Guidance and Representation
Serving as a trustee can be overwhelming, especially when family conflict or high-value assets are involved. Our firm regularly assists trustees with interpreting trust provisions, making informed decisions, preparing accountings, and complying with state law. We also defend trustees facing legal challenges from beneficiaries, helping to protect their rights and clarify their responsibilities. Whether you are administering a trust or concerned about how a trust is being managed, we provide the legal support and insight needed to protect your interests.
Trust Administration Done Right
Proper trust administration requires more than good intentions—it demands legal compliance, financial prudence, and honest communication. Mistakes, even unintentional ones, can trigger disputes and financial liability. At Edward J. Jennings, P.A., we help trustees meet their obligations with confidence and help beneficiaries enforce their rights when those duties are ignored. If you are involved in a trust matter in Fort Lauderdale, contact us today to discuss how we can assist you.
