What You Can Do If a Trust is Mishandled in Florida

– Compel the trustee to perform the trustee’s duties
– Enjoin the trustee from committing a breach of trust
– Compel the trustee to redress a breach of trust by paying money or restoring property or by other means
– Order a trustee to account
– Appoint a special fiduciary to take possession of the trust property and administer the trust
– Suspend the trustee
– Remove the trustee
– Reduce or deny compensation to the trustee
– Void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds
– Order any other appropriate relief. – The court may require the trustee to make payment to a beneficiary to restore them to the appropriate position.
– The court may require the trustee to withhold future distributions to a beneficiary or require the beneficiary to return some or all of a too-large distribution to the trust.
– In McCormick v. Cox, the court removed the trustee, disallowed all of the trustee’s fees, required the trustee’s law firm to return attorney’s fees paid by the trust, awarded damages, and precluded the trustee’s son from serving as successor trustee.
– A trustee who commits a breach of trust is liable for damages in the greater of the amount required to restore the value of the trust property and trust distributions or the profit the trustee made by reason of the breach.
– The beneficiary’s recovery of a judgment against one liable person does not discharge other liable persons from liability for breach of trust unless the original judgment is satisfied.
– In actions for breach of fiduciary duty, the court shall award taxable costs, including attorney’s fees, as in chancery actions.
– A beneficiary that prevails in an action for breach of trust will likely be entitled to recover attorney’s fees and court costs, in addition to any damages or other relief awarded. – The Florida Trust Code offers beneficiaries remedies for breaches of trust by a trustee.
– The court has discretion in granting these remedies.
– Trust beneficiaries should consult with an attorney experienced in trust litigation when suspecting a breach of trust.

https://www.jimersonfirm.com/blog/2023/01/overview-trust-beneficiarys-remedies-florida-trust-code-breach-trust/