Protecting Yourself as a Trustee

A trustee can be removed from his or her fiduciary position by either a court or at the request of a settlor or a beneficiary.

In addition to removal as trustee, a trustee can face a lawsuit if he or she is in breach of trust.

The applicable statute is Florida Statute 736.0706, which states in relevant part:

(1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.

(2) The court may remove a trustee if:

(a) The trustee has committed a serious…