How to Prove a Trustee Breach in Florida

If you are a trust beneficiary and something feels off about the way the trustee is handling things, you are right to pay attention. Trustees have real responsibilities under Florida law, and when they fall short, beneficiaries have options. But what does it actually take to prove a trustee breach? Here is what you should know.

What Florida Law Requires of Trustees

Florida’s Trust Code, found in Chapter 736 of the Florida Statutes, spells out the duties a trustee owes to beneficiaries. These are not vague guidelines. They are specific legal obligations, and violating any one of them can amount to a breach of trust. Some of the core duties include:

• Acting in good faith and following the terms of the trust (Florida Trust Code Section 736.0801)
• Acting solely in the beneficiaries’ best interests, not their own (Section 736.0802)
• Treating all beneficiaries impartially and fairly (Section 736.0803)
• Managing trust assets prudently with reasonable care and caution (Section 736.0804)
• Keeping beneficiaries reasonably informed about trust activity (Section 736.0813)

When a trustee ignores these duties, whether by mismanaging investments, making distributions to the wrong people, hiding information, or using trust funds for personal gain, that conduct can form the basis of a legal claim.

What You Need to Show to Prove a Breach

Proving a trustee breach in Florida comes down to three things. First, you need to establish that a fiduciary relationship existed, meaning the person in question was actually serving as trustee. Second, you need to show that the trustee violated one of their legal duties. Third, you need to demonstrate that the breach caused real harm to the trust or to you as a beneficiary.

One important thing to keep in mind is timing. Florida law generally gives beneficiaries four years from the time they discovered (or reasonably should have discovered) a breach to bring a claim. However, under Florida Statute Section 736.1008, if the trustee has provided a proper accounting with the required notice, that window can shrink to just six months. This is why acting promptly matters so much.

If a breach is established, a court has several tools available. Under Florida Statute Section 736.1001, remedies can include requiring the trustee to pay damages, restoring lost assets, or voiding transactions the trustee made improperly. Under Section 736.0706, a court can also remove a trustee who has committed a serious breach or who has become unfit to serve.

Contact an Attorney About Your Situation

Trust disputes can get complicated quickly, especially when financial records are involved or when family relationships are at stake. If you believe a trustee has not been living up to their obligations, getting experienced legal guidance early can make a real difference. At the office of Edward J. Jennings, P.A., our team is here to help. Our Fort Lauderdale trustee duties attorneys can help you understand your rights and figure out the right next steps. Call us at 954-764-4330 or fill out the online form to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html