Category Archives: Trustee Dispute
Sibling Rivalry and Florida Trust Litigation
One of the commonly cited benefits of revocable trusts over wills is that the former affords families greater privacy when it comes to estate planning. The probate of a will is usually a matter of public record. A trust, in contrast, can remain private. Only the settlor of the trust, the trustees, and the… Read More »
Is a Testamentary Trust Beneficiary an “Interested Person” in the Probate Estate?
There are a few different ways to create an estate planning trust in Florida. One is to sign a trust during your lifetime. This is commonly known as a living trust or revocable living trust. This type of trust exists separate from your will, if you have one. There is also what is known… Read More »
How The Rules For Compensating Personal Representatives And Trustees Can Differ Under Florida Law
A person serving as the personal representative of a probate estate or the trustee of a trust is normally entitled to reasonable compensation for their services. In some cases, a person may serve in both roles and be entitled to compensation in each capacity. But the rules governing such compensation may differ depending on… Read More »
The Law Governing Removal Of Trustees In Florida
When setting up a living trust, the settlor usually retains the right to appoint or remove the trustee during their lifetime. After the settlor’s death, a Florida judge can also remove a trustee for a number of reasons, including “unfitness” to serve. The judge may also consider the wishes of the trust’s beneficiaries in… Read More »
Important Factors to Consider When Choosing a Pompano Beach Trustee
When you are creating a Trust, you must choose at least one Trustee. They will handle the trust administration, make disbursements when required, and ensure they always have the beneficiaries’ best interests in mind. It’s not a decision to take lightly; otherwise, it could lead to disputes. Your trust’s beneficiaries may be forced to… Read More »
How to Remove a Florida Trustee
Choosing a Trustee is an important decision. It’s one that must be carefully made because this individual will be responsible for maintaining your trust assets and overseeing distributions of these assets in accordance with your instructions. If you choose a Trustee that ends up breaching their duties or is unqualified, the beneficiaries may want… Read More »
What Does it Mean to Provide a Trust Accounting?
Florida law requires those who are placed in charge of administering Trusts, also known as Trustees, to fulfill certain responsibilities to the beneficiaries of the Trust in question. One of these requirements is a mandate to keep beneficiaries informed of the Trust, as well as its administration, which includes a duty to provide a… Read More »
Can You Sue a Florida Trustee?
If you suspect the Trustee of a Trust commits wrongdoing, you might be wondering if you can sue them directly. Under Florida law, there may be several situations that warrant filing a lawsuit against the Trustee. However, it’s not a simple process. If you have a problem with a trustee, it’s important to talk… Read More »
What Liability Does a Florida Trustee Have?
When someone sets up a Trust, they name a Trustee to administer the Trust . The Trustee is the person who manages the Trust according to the official instructions. It is an extremely important fiduciary position. Trustees have a lot of responsibilities and duties. With all that comes possible liability as well. If you… Read More »
Important Legal Duties of a Florida Trustee
When you set up a Trust as part of your estate plan, you need someone to manage the Trust. That person is known as a Trustee. Like other similar positions, there are duties that a Trustee must complete, and they must always act with the beneficiaries’ best interests in mind. This is known as… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...