Category Archives: Trustee Performance Actions
Can a Florida Judge Order an Investigation into a Trustee Without Warning?
Special needs trusts are a legal tool used to help individuals retain their eligibility for public assistance programs like Medicaid, which impose strict income and asset limits. In some cases, it may be impractical to establish a dedicated special needs trust for a single beneficiary. So instead, a Florida court may authorize transferring certain… Read More »
How To Compel A Trust Accounting In Florida?
Trusts are a type of financial arrangement that can help individuals and families protect and manage their assets. However, when a trust is created, there are often many questions about how the assets are being managed and whether the trustee is fulfilling their duties. One important aspect of trust management is trust accounting. If… Read More »
What To Do If The Trustee Won’t Distribute Your Inheritance?
When you are expecting to inherit a large sum of money or valuable assets, the last thing you want is for the trustee appointed by the decedent to refuse to distribute your inheritance. Unfortunately, this can happen for a number of reasons, and in these cases, it’s important to know what legal actions you… Read More »
Understanding A Trustee’s Duty To File Trust Accountings
The trustee of a trust is accountable to the beneficiaries of that trust. In this context, accountability means that Florida law requires the trustee to provide any “relevant information” regarding the trust to the beneficiaries. This includes an annual accounting of the trust’s assets. Section 736.08135 of the Florida Statutes provides the general framework… Read More »
How Does A Spendthrift Trust Protect Against Certain Creditor Claims?
The function of a trust is to hold certain assets for the benefit of one or more persons. In a typical estate planning trust, for example, a trustee will hold assets for a parent to be distributed to their children at a specified later date. But what if one of the children has a… Read More »
Can A Trustee Be Sued For Refusing To Maximize The Value Of A Trust’s Assets?
When assets are placed into a trust, the trustee assumes a legal duty to manage those assets for the benefit of the trust’s beneficiaries. And while the trust may give the trustee broad discretion in managing the trust’s assets on a day-to-day basis, such discretion is not unlimited. The beneficiaries can take legal action… 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...