In short: A Florida trustee works for the qualified beneficiaries. Under § 736.0813, the trustee must give notice within 60 days, provide a copy of the trust on reasonable request, and deliver a trust accounting at least annually. A beneficiary who receives an adequate disclosure may have only 6 months to sue (§ 736.1008(2)).
The trustee won’t send you anything. No copy of the trust. No statements. No answers. You are a beneficiary, and you are being treated like a stranger.
Florida law is on your side here, but only if you use it in time.
The Trustee Works for the Qualified Beneficiaries
Under the Florida Trust Code (Chapter 736), the people entitled to the trustee’s disclosures are the qualified beneficiaries: generally, those currently eligible to receive distributions and those who would be next in line if the current interests ended. If you are a qualified beneficiary, you have standing and a seat at the table.
Whether the trustee is a big-firm lawyer or the decedent’s brother with no training, the rule is the same: the trustee is a fiduciary who works for the beneficiaries.
What the Trustee Must Tell You: § 736.0813
The duty to inform and account includes:
- Notice within 60 days after accepting the trusteeship, and within 60 days after a revocable trust becomes irrevocable (usually at the settlor’s death), telling qualified beneficiaries the trust exists, who the settlor was, and their rights to information.
- A complete copy of the trust instrument on reasonable request.
- A trust accounting at least annually, on termination of the trust, and on a change of trustee.
The accounting is the most important document in any trust dispute. When it never comes, something is usually wrong.
The Trustee Cannot Help Themselves: § 736.0802
The duty of loyalty requires the trustee to administer the trust solely in the interests of the beneficiaries. Self-dealing (buying trust property, lending trust money to themselves, paying themselves outside what the trust allows, steering business to friends) is presumptively a breach. Read the full analysis: Can a Florida Trustee Use Trust Money for Themselves? — § 736.0802.
Trustees also must invest prudently, keep trust property separate, keep records, and be impartial among beneficiaries.
What You Can Do When the Trustee Is Stealing or Stonewalling
The court has broad remedies under the Trust Code, including:
- Compelling an accounting
- Surcharging the trustee (ordering them to repay losses)
- Suspending or removing the trustee
- Reducing or denying the trustee’s compensation
- Freezing assets or appointing a special fiduciary
In practice, the first step is usually a demand for the trust instrument and accountings, followed quickly by a petition if they don’t come. A forensic accountant is often what turns suspicion into proof.
The Deadline Nobody Warns You About: § 736.1008
Once a trustee gives you a document that adequately discloses a potential claim, along with a limitation notice, the clock can be short:
Under § 736.1008(2), a beneficiary is barred from suing a trustee for breach of trust on a matter that was adequately disclosed unless the proceeding begins within 6 months after receiving the disclosure document or the limitation notice, whichever is later.
Six months. If the disclosure was inadequate, longer limitation periods under Chapter 95 apply. Do not assume you have years. Full article: The Trust Lawsuit Deadline Nobody Warns You About — § 736.1008.
If You Were Named Trustee: You Can Say No
Being named trustee is not a duty to serve. Under § 736.0701, a person named as trustee who has not yet accepted may decline. If the family is fractured (second spouse, stepchildren, kids from two marriages), think hard before you step into the middle.
If you do serve:
- Hire a lawyer to advise you on your duties. That cost is the price of not paying out of your own pocket later.
- Have an independent CPA prepare the accountings.
- Communicate with beneficiaries early and in writing.
- When in doubt about an expense, get beneficiary consent or court approval first.
Watch: the videos behind this article
Trustee Won’t Show Documents? Florida Trust Law Gives Beneficiaries Powerful Rights
Who Should Be a Trustee in Florida? Key Duties Explained
Can You Trust Your Trustee? Florida Trust Code Explained
What can I actually do if my Florida trustee is stealing or mismanaging the trust
More Short Videos on This Issue
Go Deeper
- Trustee Won’t Show Documents? Florida Trust Law Gives Beneficiaries Powerful Rights
- What Can I Do If My Florida Trustee Is Stealing or Mismanaging the Trust?
- Florida Trustee Liability When a Financial Advisor Loses Trust Money
- Should Trustees Get Out of the Stock Market? What Florida Law Requires
Frequently Asked Questions
Does a Florida trustee have to give beneficiaries a copy of the trust?
Yes. Under § 736.0813, the trustee must provide a qualified beneficiary a complete copy of the trust instrument on reasonable request.
How often must a Florida trustee provide an accounting?
At least annually, on termination of the trust, and on a change of trustee, to each qualified beneficiary under § 736.0813.
How long do I have to sue a trustee in Florida?
If the trustee sent a document that adequately disclosed the matter plus a limitation notice, the deadline can be 6 months under § 736.1008(2). Otherwise the longer Chapter 95 periods apply.
Can a trustee use trust money for themselves?
Generally no. The duty of loyalty in § 736.0802 requires administration solely in the beneficiaries’ interests, and self-dealing is presumptively a breach.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a trust litigation lawyer in St. Petersburg for trustee and beneficiary disputes, 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.
