In short: In Dandar v. Wurr (Fla. 2d DCA 2024), a lawyer who served for years as trustee of the Peggy Hawkins family trusts appealed a Pinellas County summary judgment. At argument, the dispute was described as about $2.6 million in charges for failing to provide accountings, including about $1.5 million paid to the trustee or his firm. The court affirmed without opinion on September 25, 2024.
A trustee’s most basic job, after protecting the assets, is to tell the beneficiaries what happened to them.
The Case
Two appeals by the former trustee were consolidated (Nos. 2D2023-0968 & 2D2023-2049), arising from Pinellas County proceedings over the Peggy Hawkins family trusts and the Hawkins estate. A special fiduciary had been appointed for the trusts. As described at oral argument, the trial court entered summary judgment on roughly $2.6 million in charges tied to years without proper accountings, including about $1.5 million alleged to have been paid to the trustee or his firm. The trustee argued the court wrongly rejected a late declaration and denied his motion alleging fraud on the court. Those characterizations come from the argument, not from a written opinion.
The Result
The Second District affirmed without opinion on September 25, 2024. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
The Duty to Account
- A Florida trustee must keep qualified beneficiaries reasonably informed and provide a trust accounting at least annually and on termination (§ 736.0813).
- Accountings must show receipts, disbursements, compensation, and assets on hand (§ 736.08135).
- A trustee who can’t explain the money bears the consequences. Courts can surcharge, deny compensation, and remove the trustee (§ 736.1001).
Summary Judgment Timing
Since 2025, a response to a summary judgment motion, with its evidence, is due 40 days after service (Rule 1.510(b)). Late evidence may never be considered.
Lessons
- Beneficiaries: demand annual accountings in writing.
- Lawyer-trustees: paying yourself and your firm from the trust demands full disclosure.
Source: Dandar v. Wurr, Nos. 2D2023-0968 & 2D2023-2049 (Fla. 2d DCA Sept. 25, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
$2.6M Trust Accounting Failure: Attorney-Trustee Under Court Scrutiny | Florida Appeal
Go Deeper
- Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
- Your Trustee Won’t Show You Documents? That’s Already a Violation of Florida Law
- What Can I Actually Do If My Florida Trustee Is Stealing or Mismanaging the Trust?
Frequently Asked Questions
How often must a Florida trustee provide an accounting?
At least annually, and on termination of the trust or of the trustee’s service (§ 736.0813).
What can a court do if a trustee doesn't account?
Compel accountings, surcharge losses, deny or reduce compensation, and remove the trustee (§ 736.1001).
Can a trustee pay himself or his law firm from the trust?
Only reasonable, disclosed compensation consistent with the trust and the Trust Code.
What happened in Dandar v. Wurr?
The Second District affirmed without opinion in 2024.
Talk to a Florida trust litigation lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
