How can I remove a trustee from a Florida Trust?

There are various grounds for removing someone as trustee of a Florida Trust. The Florida Trust Code recognizes the following as legally-valid reasons to remove a trustee:

-The trustee has committed a serious breach of the Trust

-Lack of cooperation among co-trustees that substantially impairs the administration of the Trust

-The trustee is unfit, unwilling, or persistently fails to administer the Trust effectively

-There has been a substantial change of circumstances, or removal is requested by all of the qualified beneficiaries

Sometimes, there are Trust provisions which allow for the removal of a trustee by a majority vote of the beneficiaries. If this is not the case, in order to remove a trustee, it can be necessary to file a removal action and attend an evidentiary hearing where evidence of the trustee’s unlawful actions must be presented. Attorney Sean Byrne of Bach, Jacobs & Byrne, P.A. is a trust and estate litigator who can advise and represent you in trust litigation, including the removal of a trustee. Call (941) 906-1231 to set up a consultation.