Legal Question in Wills and Trusts in Florida

My deceased aunt's will named a P.R., who was to set up a charitable remainder trust or life income annuity for my brother and me. He has petitioned the court to act as trustee of these trusts, without our approval. Can we remove him as trustee and choose a named charity in the will to act as trustee or get a third-party administrator of our choice to handle it? What are our rights as beneficiaries in Florida?

Asked on 4/19/12, 1:25 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Not unless he has breached his duty.

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Answered on 4/19/12, 2:11 pm

Can't quite tell what is going on, but you always have the right to try to remove a Trustee. But you must have cause. Not that you just don't like them.

If they are going to court it may give you some ability to give some input. You will need an attorney.

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Answered on 4/19/12, 5:57 pm
Lucreita Becude Lucreita D. Becude, P.A.

get an attorney and be there for that hearing. It will make the difference of whether this person is capable of handling the task or if someone or some entity needs to be appointed.

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Answered on 4/20/12, 6:24 am

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