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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


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.

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Thank you. What the family most wants to know - is the demand by the trustee for burial of the urn before any inheritance is paid a legal demand? It is not stated in the Trust by my family member that he wished this. The family has researched tirelessly and cannot find any federal or state law that an urn even has to be buried, period. The trustee, by making this demand, is only trying to control the family out of spite. He has grossly mismanaged the trust/estate in regard to other issues. This has been going on for 2 years. Trustee and his attorney refuse to let go of the burial issue. The family feels that it is none of their business what is done with the urn. My family member did not state any specific wish for his urn in writing or verbally. Does the trustee have any legal grounds for making his demand?


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.

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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.

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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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