How to Remove a Problem Trustee in Florida: A Step-by-Step Guide

A trustee has a serious legal duty: to manage a trust’s assets for the benefit of its beneficiaries, according to the terms of the trust and in compliance with Florida law. But what happens when the trustee isn’t doing their job—or worse, is acting in bad faith?

Whether due to negligence, mismanagement, or outright misconduct, a problem trustee can cause financial harm, sow family discord, and undermine the purpose of the trust itself. The good news is that Florida law allows for the removal of a trustee under certain circumstances. Below, our Tampa Trust and Estate Litigation Attorneys at Bleakley Bavol Denman & Grace will walk you through the steps involved.

Step 1: Understand the Grounds for Removal

Under Florida Statutes § 736.0706, a court may remove a trustee if:

• The trustee has committed a serious breach of trust
• There is a lack of cooperation among co-trustees that impairs the administration of the trust
• The trustee is unfit, unwilling, or persistently fails to administer the trust effectively
• A substantial change in circumstances or request by all qualified beneficiaries warrants removal in the interest of all parties

Common red flags include failing to provide information to beneficiaries, misusing trust funds, engaging in self-dealing, or simply refusing to fulfill duties.

Step 2: Review the Trust Document

Before taking action, carefully review the trust agreement. Some trusts contain specific provisions about how a trustee may be removed or replaced, including by a vote of the beneficiaries or a designated trust protector. These private procedures may provide a faster resolution than going to court.

Step 3: Gather Evidence

To succeed in removing a trustee, you will need solid documentation to show the trustee’s breach of duty or failure to perform. Useful evidence may include:

• Bank statements and financial records
• Correspondence with the trustee
• Missed or late accountings
• Proof of conflicts of interest or unauthorized transactions

The stronger your case, the more likely the court will intervene and appoint a replacement.

Step 4: Consult an Experienced Trust Litigation Attorney

Trust law in Florida is complex, and court proceedings involving trustees can be contentious. An experienced attorney can evaluate your situation, help gather evidence, and file the appropriate petition for removal. In some cases, your attorney may also pursue damages for losses caused by the trustee’s mismanagement.

Step 5: File a Petition for Removal in Probate Court

If informal resolution fails, your attorney will file a petition in probate court requesting the trustee’s removal. The court will review the evidence, hear from both sides, and determine whether removal is justified. If approved, the court may also appoint a successor trustee to ensure the trust continues to operate smoothly.

Step 6: Consider Additional Remedies

If the trustee caused financial harm, you may also pursue surcharge (monetary damages against the trustee) or request the court to freeze trust assets to prevent further loss during litigation.

Protecting Your Family’s Legacy

If you suspect a trustee is jeopardizing your loved one’s trust, don’t wait. The longer you delay, the more damage can be done. At Bleakley Bavol Denman & Grace, we help families throughout Florida, including Tampa, Clearwater, and the surrounding areas, protect their inheritance and hold fiduciaries accountable.

Contact us today to schedule a confidential consultation and learn how we can help you remove a problem trustee and restore confidence in your family’s estate plan.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0706.html