A Florida trustee’s guide to ending trust
litigation. Are you a Florida trustee, maybe your mum
or dad died, or your rich aunt or uncle left millions of dollars in trust and they named
you as trustee. And lets say that you don’t get along with
your beneficiaries. What’s the dirty secret about how to end that. Or maybe there is some litigation that is
involved from your beneficiary to you as trustee. How do we end that? What’s the dirty secret about that? Well, the first thing you should think about
is resigning. Why in the world do you want to be trustee
if you don’t have a good relationship with your beneficiaries or you don’t understand
the duties. So, what you want to do is read the trust
document and determine how you resign and what steps you need to take. And remember, you are not off the hook until
you get a release. So, you want to consider getting a release
from your beneficiaries and if not, you need to go to court to get a judicial approval
of your accountings. The last thing you want to do as Florida trustee
is resign on Monday and then get sued on a Tuesday. And luckily enough, probate courts understand
that and Florida trust law provides mechanisms or procedures for you, the Florida trustee
to resign in a matter with some certainty to know that you wont be sued at a later time. Finally, you can ask your beneficiaries to
release you, they don’t have to release you but you can certainly try to have all the
beneficiaries and you agree that you are going to step down, you will resign and a new or
successor trustee is going to take over that Florida trust