Miami Trustee Removal Attorney

A trust is only as effective as the trustee administering it. When a trustee fails to perform faithfully, ignores requests for information, mismanages investments, or favors one beneficiary over another, the entire purpose of the trust is undermined. Florida law provides a clear mechanism for beneficiaries — and in some cases co-trustees — to seek removal of a trustee who has lost the right to continue serving. Our Miami trustee removal attorneys represent beneficiaries throughout Miami-Dade County in petitions to remove trustees under Florida Statute Section 736.0706, including cases involving breach of fiduciary duty, self-dealing, hostility, incapacity, and broader administrative failure.

Statutory Grounds for Trustee Removal in Florida

Section 736.0706 of the Florida Trust Code authorizes a court to remove a trustee on petition of a settlor, co-trustee, or beneficiary, or on its own initiative. The statute identifies several specific grounds for removal:

• The trustee has committed a serious breach of trust
• Lack of cooperation among co-trustees substantially impairs the administration of the trust
• Because of unfitness, unwillingness, or persistent failure to administer the trust effectively, the court determines that removal best serves the interests of the beneficiaries
• There has been a substantial change of circumstances or removal is requested by all qualified beneficiaries, the court finds that removal best serves the interests of all beneficiaries, and is not inconsistent with a material purpose of the trust

Each of these grounds has been the subject of extensive Florida case law. Our Miami firm carefully analyzes which ground best fits the facts of each case and develops the evidentiary record needed to satisfy that standard.

Serious Breach of Trust

The most common ground for trustee removal in Miami is a serious breach of fiduciary duty. Florida imposes on trustees a comprehensive set of duties under Sections 736.0801 through 736.0816, including the duty of loyalty, the duty of prudence, the duty to inform and account, the duty of impartiality, and the duty to administer the trust in good faith. A serious breach typically involves:

• Self-dealing transactions that benefit the trustee at the expense of beneficiaries
• Theft, embezzlement, or unauthorized use of trust assets
• Failure to provide statutorily required accountings under Section 736.08135
• Imprudent investment decisions inconsistent with the prudent investor rule
• Improper distributions or persistent failure to make required distributions
• Commingling trust assets with personal assets
• Failure to maintain trust property or pay real estate taxes
• Concealing trust assets, financial information, or material decisions from beneficiaries

Not every breach justifies removal; the breach must be "serious" in the sense of either substantial harm to the trust or a pattern of misconduct demonstrating the trustee's unfitness. Our attorneys assemble evidence of both the misconduct and its impact on the trust's purposes.

Lack of Cooperation Among Co-Trustees

Many Miami trusts name two or more co-trustees — often adult children of the settlor. When these co-trustees cannot agree on basic administrative decisions, the trust suffers. Florida courts have removed co-trustees whose conflicts have produced stalemate over distributions, investments, real estate sales, and beneficiary communications. When personal animosity between co-trustees causes substantial impairment of administration, the court may remove one or both.

Unfitness, Unwillingness, or Persistent Failure

This catchall ground supports removal for a wide range of trustee deficiencies short of a single dramatic breach. Examples include:

• Chronic failure to respond to beneficiary inquiries
• Delay in distributing assets after the settlor's death
• Inability to handle the technical demands of trust administration
• Substance abuse, criminal involvement, or other personal instability
• Persistent disregard for legal advice and statutory obligations
• Cognitive decline or other capacity impairments

Change of Circumstances and Beneficiary Consensus

The fourth ground reflects the reality that even an honest, competent trustee may need to be replaced because of changes that the settlor could not have anticipated — for example, a corporate trustee that no longer offers services in Florida, or a family-member trustee whose personal circumstances have changed dramatically. When all qualified beneficiaries agree on removal and a suitable successor is available, courts often allow the change even without proven misconduct.

Procedure for Filing a Trustee Removal Petition in Miami

Trustee removal proceedings in Miami are filed in the Probate Division of the Eleventh Judicial Circuit Court. The procedure typically involves the following steps:

1. Pre-suit investigation. Gather documentation of the trustee's conduct, including accountings, correspondence, distributions, and prior demands.
2. Pre-suit demand. In appropriate cases, send a formal demand to the trustee requesting cure or resignation.
3. Petition. File a verified petition for removal identifying the statutory ground, the specific facts supporting removal, and the proposed successor.
4. Service. Serve the trustee and all interested persons, including co-trustees and qualified beneficiaries.
5. Discovery. Conduct depositions, document production, and expert review of trust accounts and investments.
6. Interim relief. Where appropriate, seek temporary suspension of the trustee's powers, an accounting under Section 736.08135, or a protective order over trust assets.
7. Evidentiary hearing. Present evidence and witness testimony at the removal hearing.
8. Order and successor appointment. Obtain an order removing the trustee and appointing a successor consistent with the trust instrument and statutory priorities.

Interim Remedies While Removal Is Pending

Trust administration often cannot wait for the lengthy process of trying a removal case. Florida law provides several interim remedies that our Miami attorneys regularly pursue:

• Suspension of trustee powers. A court may suspend a trustee's authority during the pendency of removal proceedings, particularly when continued action threatens trust assets.
• Appointment of a special fiduciary. A neutral party may be appointed to administer the trust temporarily.
• Demand for accounting. Beneficiaries may compel a complete accounting under Section 736.08135.
• Injunctive relief. A trustee may be enjoined from selling trust assets, making distributions, or taking other significant actions pending resolution.
• Surcharge claims. Beneficiaries may seek monetary recovery for losses already caused by the trustee's misconduct, often pleaded alongside the removal petition.

Identifying the Successor Trustee

A trustee removal petition must address who will administer the trust after removal. The trust instrument itself usually specifies a successor; if so, that successor is generally appointed unless they decline, are disqualified, or are themselves unsuitable. When the trust does not name a successor — or names one who is unavailable — the court can appoint a qualified trustee using a range of options, including:

• A successor named under default provisions
• A nominee selected by the qualified beneficiaries
• A neutral corporate or professional trustee
• An attorney or other professional with experience administering similar trusts

The choice of successor often becomes one of the most contested issues in trustee removal proceedings, particularly in family trusts.

Defenses Commonly Raised by Trustees

Trustees facing removal in Miami typically raise one or more defenses:

• The alleged breach was de minimis and does not justify the severe remedy of removal
• The trustee acted in good faith reliance on counsel's advice
• The beneficiaries consented to or ratified the challenged conduct
• The settlor's intent, expressed in the trust instrument or otherwise, was to insulate the trustee from removal
• A statute of limitations or laches bars the claim
• The petitioner lacks standing as a qualified beneficiary

Our attorneys anticipate and address these defenses through the pleadings, discovery, and trial strategy.

Attorney's Fees in Trustee Removal Cases

Florida law provides several pathways for the recovery of attorney's fees in trustee removal cases. Under Section 736.1004, a beneficiary who successfully challenges a trustee's conduct may recover fees from the trust or, in cases of bad faith, directly from the trustee personally. Similarly, when the action benefits all beneficiaries, fees may be awarded from the trust corpus. Conversely, beneficiaries who pursue removal without substantial justification may face fee awards against them. Our firm structures cases carefully to maximize the potential for fee recovery.

Coordination with Surcharge and Accounting Claims

Removal alone often does not compensate beneficiaries for losses already caused by the trustee's misconduct. Most Miami trustee removal cases include parallel claims for:

• Surcharge: Money damages against the trustee for losses to the trust caused by breach of duty
• Accounting: A judicially compelled accounting that reveals the full scope of trustee actions
• Disgorgement: Recovery of profits the trustee earned from self-dealing or unauthorized use of trust assets
• Restoration of trust assets: Court orders requiring the trustee to return specific property

By combining these claims, beneficiaries can not only replace an unfit trustee but also recover for the financial harm the trustee caused while serving.

Why Choose Our Miami Trustee Removal Attorneys

Trustee removal is one of the most complex remedies in Florida trust law. Courts impose a high evidentiary bar, and missteps in the pleadings or proof can result in dismissal — sometimes with attorney's fees awarded against the petitioner. Our Miami firm focuses on Florida trust litigation and has substantial experience prosecuting removal cases across Miami-Dade County. We pair careful legal analysis with aggressive investigation, retaining forensic accountants and investment experts as needed to build a clear, compelling case for removal.

We also recognize that trustee removal often plays out within families where relationships are already strained. Our approach is firm where necessary but always focused on the practical outcome — replacing the trustee, recovering trust assets, and restoring functional administration so that the beneficiaries can move forward.

Contact a Miami Trustee Removal Attorney

If you are a trust beneficiary in Miami-Dade County and believe that the trustee has breached fiduciary duties, ignored your requests for information, or simply lost the ability to serve effectively, contact our firm today. Early intervention protects trust assets and improves the chance of a successful removal proceeding. Schedule a confidential consultation with our Miami trustee removal attorneys to evaluate your options and chart the right path forward.

You can contact us by phone at 786-522-1411 or by email at [email protected].