Law Offices of Frye & Vazquez, P.L. - estate planning
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Addressing a breach of trust

Being at the perceived mercy of a trustee Miami can be a nerve-wracking proposition. If you are like many of those with whom we here at The Law Offices of Frye and Vazquez, P.L. have worked in the past, you may wondering what sort of legal recourse you have if you suspect a case of breach of trust. The Florida Trust Code does have provisions in place to deal with such incidents.

First, an inquiry will likely be made into the trustee’s actions. If he or she is neglecting to perform his or her duties, the court may compel him or her to do so. If no violation of his or her duties to you or other beneficiaries has not yet occurred, yet could potentially result from an intended action, the court may enjoin the trustee from initiating it.  If, however, a breach of trust has already happened, the court may initiate any of the following courses of action:

  •          Force the trustee to repay any money or recover any property to the trust linked to his or her violation.
  •          Compel the trustee to make an accounting of his or her actions.
  •          Remove, suspend, or replace the trustee with a special fiduciary.
  •          Limit the trustee’s compensation.
  •          Reclaim trust property or recover the proceeds of its sale, or place a lien on such property to keep it from being improperly disposed of.

If the trustee’s violation was related to dispersing a lower share to you than was intended, the court may restore your appropriate portion to you pulling directly from the trust assets. It can also limit disbursements to a beneficiary who has been given too much.

Other details regarding enforcing the terms of a trust can be found here on our site.




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