Breach of Fiduciary Duty in Florida Trust Administration
Breach of fiduciary duty in trust administration occurs when a Florida trustee fails to fulfill their obligations under the trust document and the Florida Trust Code (Chapter 736). Beneficiaries have powerful legal tools to hold trustees accountable.
Common Trustee Breaches
- Self-dealing: Using trust assets for personal benefit
- Imprudent investment: Failing to invest under the Prudent Investor Act
- Commingling: Mixing trust funds with personal accounts
- Failure to account: Not providing required financial reports to beneficiaries
- Favoritism: Improperly favoring one beneficiary over another
- Excessive fees: Taking unreasonable compensation
- Failure to collect: Not gathering or protecting trust assets
Beneficiary Remedies
- Petition for compelled accounting
- Judicial review of trustee actions
- Surcharge action to recover losses
- Injunction to prevent ongoing breaches
- Trustee removal and successor appointment
- Attorney fees under Section 736.1001
Trustee Removal (Section 736.0706)
Courts can remove trustees for serious breach, lack of cooperation among co-trustees, unfitness, or when all qualified beneficiaries request removal and a suitable successor is available.
Related Terms
- Executor — Similar fiduciary role in estate administration
- Estate Planning — Trust creation and trustee selection
- Equity — Court authority over trust disputes
Barnes Walker Trust Litigation
Barnes Walker's trust litigation attorneys represent beneficiaries and trustees in Florida breach of fiduciary duty proceedings. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC