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.

Asked almost 3 years ago - 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
    chosen by asker

    Answered . 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. 3

    Lawyers agree

    Answered . 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.... more
  3. 1

    Lawyer agrees

    Answered . 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... more
  4. 1

    Lawyer agrees

    Answered . 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... more

Related Topics

Probate assets

Probate assets are owned solely by the deceased and do not have any survivorship feature (like a beneficiary designation) for automatic transfer of ownership.

Trustee

A trustee is the person or legal entity who administers a trust according to the wishes of the person who set it up (as specified in the trust agreement).

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