Rights of Estate and Trust Beneficiaries in Miami, Florida

If you are a beneficiary of a Florida estate or trust, the law provides you with important rights designed to protect your interests and hold fiduciaries accountable. Both the Florida Probate Code (Chapter 733) and the Florida Trust Code (Chapter 736) establish specific rights that beneficiaries can enforce through the courts. Understanding these rights is essential to ensuring that a personal representative or trustee administers the estate or trust properly and that you receive what you are entitled to under the will or trust instrument.

At the Law Offices of Albert Goodwin, PA, we represent beneficiaries throughout Florida in matters involving probate estates and trust administration. Whether you need information about the administration, want to challenge a fiduciary's actions, or need to compel a distribution, we can help you enforce your rights under Florida law.

Right to Notice

One of the most fundamental rights of a beneficiary is the right to receive notice of proceedings that affect your interests. Without proper notice, a beneficiary cannot meaningfully participate in the administration or protect their rights.

Estate Beneficiaries

Under F.S. § 733.212, the personal representative of a Florida estate must serve a copy of the notice of administration on all known beneficiaries within three months after the date of the first publication of the notice to creditors. This notice must inform beneficiaries of the following:

• The decedent's name and date of death
• The identity and address of the personal representative
• The name and address of the personal representative's attorney
• The right to obtain a copy of the decedent's will
• Information about the right to challenge the validity of the will

Beneficiaries who do not receive proper notice may have grounds to set aside certain actions taken during the administration. The failure to provide timely notice is a serious procedural deficiency that can affect the validity of the entire probate proceeding.

Trust Beneficiaries

Under F.S. § 736.05055, a trustee who receives notice of the settlor's death must provide certain information to all qualified beneficiaries within 60 days. This includes a copy of the trust instrument, notice of the trustee's name and address, and information regarding the right to request trust accountings. The trustee must also notify qualified beneficiaries of any proposed trust actions that may significantly affect their interests.

Right to Information and Accountings

The right to information is one of the most powerful tools available to beneficiaries. Without access to financial records and trust or estate information, a beneficiary cannot determine whether the fiduciary is fulfilling their duties or whether there has been mismanagement or wrongdoing.

Trust Beneficiary Right to Information

F.S. § 736.0813 is the cornerstone statute governing a trust beneficiary's right to information. Under this statute, a trustee has a duty to keep qualified beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. This includes the obligation to promptly respond to a beneficiary's request for information related to the administration of the trust.

Specifically, F.S. § 736.0813(1) provides that a trustee must furnish a complete copy of the trust instrument to any qualified beneficiary who requests it. This right is absolute—the trustee may not refuse to provide a copy of the trust document to a qualified beneficiary. Additionally, the trustee must provide an annual accounting to all qualified beneficiaries, which must include a detailed statement of trust receipts, disbursements, distributions, and the assets remaining in the trust.

Estate Beneficiary Right to Accountings

In probate proceedings, the personal representative is required to file an accounting with the court. Beneficiaries have the right to review these accountings and to receive copies of the financial records documenting the administration of the estate. The accounting must include a complete record of all receipts, disbursements, distributions, and assets on hand.

If the personal representative fails to provide accountings or provides incomplete or inaccurate accountings, the beneficiary may petition the court to compel a proper accounting. The court can also order the personal representative to provide informal accountings and financial records outside of the formal court accounting process when a beneficiary demonstrates a legitimate need for such information.

Right to Object to Accountings

Receiving an accounting is only part of the equation. Beneficiaries also have the right to review and object to the accountings provided by the fiduciary. If you believe the accounting is inaccurate, incomplete, or reflects improper transactions, you have the right to file objections with the court.

In probate matters, beneficiaries can file objections to the personal representative's accounting under F.S. § 733.5015. In trust matters, beneficiaries can object to a trustee's accounting and petition the court for relief. Contested accountings are among the most common forms of estate and trust litigation in Florida. The court will examine the accounting, hear evidence from both sides, and determine whether the fiduciary has properly accounted for all assets, income, expenses, and distributions.

Right to Challenge Fiduciary Actions

Beneficiaries have the right to challenge any action taken by a personal representative or trustee that constitutes a breach of fiduciary duty. This includes actions involving self-dealing, conflicts of interest, mismanagement of assets, failure to invest prudently, excessive compensation, failure to collect debts owed to the estate or trust, and any other action that violates the fiduciary's duties of loyalty, impartiality, or prudent administration.

When a fiduciary breaches their duty, the beneficiary may petition the court for a range of remedies, including surcharge (requiring the fiduciary to personally repay any losses caused by the breach), disgorgement of profits, an injunction to prevent further harmful actions, and removal of the fiduciary.

Right to Petition for Removal of Personal Representative or Trustee

If a fiduciary is not fulfilling their obligations or is acting contrary to the interests of the beneficiaries, Florida law gives beneficiaries the right to petition for their removal.

Removal of Personal Representative

Under F.S. § 733.504, a beneficiary may petition the court for removal of a personal representative on various grounds, including failure to perform fiduciary duties, incapacity, conflict of interest, mismanagement, breach of fiduciary duty, or failure to account for estate property. The court has broad discretion to remove a personal representative when doing so is in the best interests of the estate and its beneficiaries.

Removal of Trustee

Under F.S. § 736.0706, the court may remove a trustee upon petition by a beneficiary if the trustee has committed a serious breach of trust, if there is a lack of cooperation among co-trustees that substantially impairs the administration of the trust, if the trustee has failed to comply with a court order, or if other circumstances warrant removal. Trustee removal is a significant remedy that courts will grant when the evidence demonstrates that the trustee is not acting in the best interests of the beneficiaries.

Right to Compel Distribution

Beneficiaries have the right to receive the distributions to which they are entitled under the terms of the will or trust. When a personal representative or trustee unreasonably delays or refuses to make distributions, the beneficiary can petition the court to compel the distribution.

In probate matters, a beneficiary may petition for distribution of estate assets once the estate's debts, taxes, and expenses have been paid or adequately provided for. The personal representative has a duty to close the estate and distribute assets within a reasonable time. When the administration drags on without justification, beneficiaries can seek court intervention to compel the personal representative to complete the administration and make distributions.

In trust matters, a beneficiary may petition the court to compel the trustee to make distributions required under the terms of the trust instrument. Whether the trust provides for mandatory distributions or discretionary distributions, the trustee must exercise their authority in good faith and in accordance with the trust terms. Unreasonable delay in making distributions is itself a breach of fiduciary duty that can result in the fiduciary being held personally liable for any damages caused by the delay, including lost income and investment returns.

Right to Contest a Will or Trust

Beneficiaries and other interested persons have the right to challenge the validity of a will or trust instrument. Florida law recognizes several grounds for contesting a will or trust, including:

• Lack of testamentary capacity – The decedent or settlor did not have the mental capacity to execute the will or trust at the time it was signed.
• Undue influence – A person in a position of trust or confidence exerted improper pressure on the decedent or settlor to benefit themselves or others at the expense of the natural objects of the decedent's bounty.
• Fraud – The will or trust was procured through misrepresentation or deception.
• Improper execution – The will or trust was not executed in compliance with Florida's statutory requirements.
• Revocation – A later will or trust amendment revoked the instrument being offered for probate or administration.

Will contests must be filed within the time limits established by the Florida Probate Code. Similarly, trust contests are subject to specific limitation periods under the Florida Trust Code. It is critical to act promptly if you believe a will or trust is invalid, as failure to file within the applicable deadline may result in the permanent loss of your right to challenge the instrument.

Right to Attorney Fees in Certain Actions

Florida law provides for the award of attorney fees to beneficiaries in certain estate and trust proceedings. Under F.S. § 736.1004, a court may award attorney fees to a trust beneficiary who successfully brings an action against a trustee for breach of trust. Under F.S. § 733.106, the court may award attorney fees in probate proceedings and determine from which part of the estate or trust the fees should be paid.

The availability of attorney fees is an important consideration for beneficiaries who are deciding whether to pursue legal action. In many cases, a prevailing beneficiary can recover their attorney fees from the estate or trust, which means the cost of enforcement ultimately falls on the fiduciary or the estate rather than on the beneficiary personally.

Protecting Your Rights as a Beneficiary

If you are a beneficiary of a Florida estate or trust and you believe your rights are being violated, it is important to take action promptly. Statutes of limitation and other deadlines can bar your claims if you wait too long. The probate and trust administration process can be complex, and fiduciaries who are acting improperly may take steps to conceal their wrongdoing or dissipate assets before beneficiaries can intervene.

An experienced beneficiary rights attorney can help you obtain the information you need, evaluate whether the fiduciary is acting properly, and take legal action to protect your interests when necessary.

Contact a Florida Beneficiary Rights Attorney

At the Law Offices of Albert Goodwin, PA, we are committed to protecting the rights of estate and trust beneficiaries throughout Florida. If you need help enforcing your rights to information, accountings, distributions, or fiduciary accountability, contact us today for a consultation.

Call us at 786-522-1411 or email [email protected].

Law Offices of Albert Goodwin, PA
121 Alhambra Plz #1000
Coral Gables, FL 33134
Phone: 786-522-1411