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How can I obtain a petition to remove an executor/trustee of a trust in FL? The Clerk of Court office does not have any forms.

Sarasota, FL |

There has been blatant mismanagement of the estate, including a demand that the urn must be buried before any inheritance will be distributed to the beneficiaries. Is this demand legal? The family has no plans to bury the urn. The executor/trustee is not a family member. The family does not wish to hire an attorney as the correspondence from the trustee's attorney speaks for itself. Also, the trust did not go through probate.

Attorney Answers 4

  1. Best answer

    You will need an attorney to petition the court if you wish to remove an executor (this is probate court for the Will) or a trustee (this will most likely be a trust action separate from probate). When you hire an attorney, you should provide him or her with a copy of the will and a copy of the trust and any written information you have that indicates why you want to remove the executor/trustee. The trust may have language in it on how tor why he trustee could be removed.

  2. Even though I don't practice in Florida, this is not an undertaking you want to undertake by yourself. Do yourself a favor and at least talk to a local lawyer who practices in probate/trust/fiducuary litigation. You will be happy you did.

    Hope this helps. If you think this post was helpful, please check the asnwer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  3. I agree with the previous answer that you really need to retain an attorney for this. Even if you decide not to actually have the trustee removed, the attorney can file a motion to compel the trustee to make distributions, provide accountings, etc., after reviewing the trust documents.

    The information contained in this posting is provided to you “AS IS” and does not constitute legal advice. I am not acting as your attorney. I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this posting and its associated sites. The law changes very rapidly and, accordingly, I do not guarantee that any information on this posting or linked web sites are accurate and up to date. Additionally, the law differs from jurisdiction to jurisdiction, and is subject to interpretation of courts located in each county. Legal advice must be tailored to the specific circumstances of each case and the tools and information provided to you may not be an appropriate fit in your case. Nothing that you read or is provided on this web site should be used as a substitute for the advice of competent legal counsel in your jurisdiction.

  4. You will need an attorney to assist you with this.
    I do not believe you will find a standard form that covers
    the complicated procedure of removing a trustee.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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