When a Trustee Breaks Trust: Understanding Trust Litigation in Florida

A trust is often set up to make life easier for the people left behind, avoiding probate court and giving a trustee clear instructions on how to manage and distribute assets. But trusts don’t always work the way they’re supposed to. When a trustee mismanages funds, ignores the terms of the trust, or plays favorites among beneficiaries, the people affected may need to turn to the courts. That’s where trust litigation comes in, and it’s a process that often benefits from the guidance of experienced Fort Lauderdale trustee duties attorneys.

What Trust Litigation Actually Covers

Trust litigation is a broad term for court proceedings involving disputes over how a trust is created, interpreted, or administered. Florida’s Trust Code, found in Chapter 736 of the Florida Statutes, gives courts authority to step in when a trust dispute arises. Under Florida Statutes Section 736.0201, judicial proceedings concerning trusts can address a wide range of issues, including determining whether a trust is valid, resolving questions about how it should be administered, and settling disagreements over distributions.

In practice, trust litigation often involves disputes such as a beneficiary questioning whether a trustee is acting in the best interests of everyone involved, disagreements over how trust assets should be invested or distributed, or challenges to the validity of the trust itself based on claims of fraud, undue influence, or lack of capacity when it was created.

Signs a Trust Dispute May Be Brewing

Not every disagreement over a trust needs to end up in court, but certain situations tend to escalate. Watch for a trustee who won’t provide an accounting of trust assets, unexplained delays in distributions, a trustee who appears to be using trust funds for personal benefit, or a sudden change to trust terms that seems inconsistent with the person’s known wishes over the years.

When Litigation Becomes Necessary

Trust litigation typically becomes necessary when informal efforts to resolve a dispute, such as requesting records or raising concerns directly with a trustee, don’t lead anywhere. At that point, a beneficiary or interested party may need to petition the court to compel an accounting, seek removal of a trustee, or ask a judge to interpret unclear or contested trust language. Because these cases can involve complex fiduciary duty questions and family relationships that have often broken down, having someone who understands both the legal framework and the practical realities of trust administration is valuable.

Get Guidance Before Things Escalate

Trust disputes can move quickly once they reach a boiling point, and the earlier a concern is addressed, the more options are usually available. If you suspect a trustee isn’t fulfilling their duties or you have questions about a trust’s validity, we encourage you to reach out. Our Fort Lauderdale trustee duties attorneys at Edward J. Jennings, P.A. can review your situation and help you understand what steps make sense. Contact us today to schedule a consultation.

Source:
flsenate.gov/Laws/Statutes/2025/736.0201