Trustee Rights And Obligations In Florida

Much like personal representatives to an estate, trustees to a trust must negotiate numerous legal obligations in carrying out their duties. In our probate, estate and trust litigation practice, our attorneys work with trustees throughout Florida to ensure not only that they act according to the law and the terms of a trust, but also that they understand what their rights are in the face of potential legal challenges from family members and other interested parties.

Protecting Trustees In Florida | Helping Them Fulfill Their Legal Duties

In the most basic terms, the obligations of a trustee can be boiled down to the following: Always act in the best interests of the trust. This includes:

  • A duty to act in the interests of trust beneficiaries
  • Acting impartially where a trust has two or more beneficiaries
  • Incurring only reasonable expenses in administering a trust
  • Keeping accurate account of trust expenses and distributions, and providing this information to trust beneficiaries

While this is only a partial list of the full responsibilities of a trustee, our attorneys work closely with trustees to ensure that they meet all the legal requirements in fulfilling their duties. In addition, we work to keep our trustee clients apprised of their rights throughout the process of administering a trust. These rights include:

  • Taking appropriate actions to take control of and protect trust property
  • Buying or selling property
  • Depositing trust funds into a regulated financial institution
  • Constructing or making changes to real property

These are but a few of the many general and specific powers that may be assigned to a trustee.

Getting qualified legal help to sort through these issues can avoid some of the most common pitfalls in overseeing a trust. These include:

  • Being subject to personal liability
  • Creditor claims against you personally
  • Breach of fiduciary duty claims
  • Adverse claims from beneficiaries
  • Conflicts of interest
  • Self-dealing

Whether you have been accused of impropriety in carrying out your duties as a trustee, or simply require general counsel when handling trust affairs, Kuhn Law Firm, P.A., is here to help. Arrange a consultation with a lawyer by calling 239-344-9430 (877-243-1624 toll free) or send an email. From our offices in Fort Myers, we work with trustees throughout Florida.