Legal Question in Wills and Trusts in Florida

Does the biological daughter have any right to have a copy of her father's Trust if she is not the Trustee?

My father passed away on 12/10/09 and lived in Ocala, FL. He apparently had a Trust and designated one of his step-daughters as Trustee. How can I get a copy of the Trust documents?


Asked on 1/08/10, 11:24 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Ask for a copy from her. If she refuses, get an attorney.

You probably should be receiving some income and she is hiding that from you. Don't be foolish, find out what your father left you.

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Answered on 1/13/10, 11:36 am
Ronald Jones Ronald A. Jones, PA

It's going to depend on whether you are a beneficiary of the trust. Long story short is IF you are a beneficiary THEN you are entitled to a copy of the trust and 'regular' accountings upon reasonable demand.

From a practical viewpoint, you are probably going to have to go to a lawyer to have them write and demand a copy of the trust and an accounting. Some trustees will simply ignore you until they hear from a lawyer. I'm local to Ocala, if you want give me a call or email and we can talk about it.

Florida Statutes 736.0813 Duty to inform and account.--The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.

(1) The trustee's duty to inform and account includes, but is not limited to, the following:

(a) Within 60 days after acceptance of the trust, the trustee shall give notice to the qualified beneficiaries of the acceptance of the trust and the full name and address of the trustee.

(b) Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice to the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, and the right to accountings under this section.

(c) Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument.

(d) A trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, to each qualified beneficiary annually and on termination of the trust or on change of the trustee.

(e) Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration.

Paragraphs (a) and (b) do not apply to an irrevocable trust created before the effective date of this code, or to a revocable trust that becomes irrevocable before the effective date of this code. Paragraph (a) does not apply to a trustee who accepts a trusteeship before the effective date of this code.

(2) A qualified beneficiary may waive the trustee's duty to account under paragraph (1)(d). A qualified beneficiary may withdraw a waiver previously given. Waivers and withdrawals of prior waivers under this subsection must be in writing. Withdrawals of prior waivers are effective only with respect to accountings for future periods.

(3) The representation provisions of part III apply with respect to all rights of a qualified beneficiary under this section.

(4) As provided in s. 736.0603(1), the trustee's duties under this section extend only to the settlor while a trust is revocable.

(5) This section applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007.

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Answered on 1/13/10, 1:21 pm


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