When the co-trustees of a trust do not get along or cannot agree on decisions regarding the trust many problems arise. Fortunately, Florida law has a provision that allows a court to remove a trustee when the co-trustees cannot agree or if their disagreement impairs the ability to distribute the trust assets.
Florida statute section 736.0706(2)(b) provides that a court may remove a trustee if the lack of cooperation among co-trustees impairs the administration of the trust. Often times, the court will choose one trustee to confuse acting as the sole trustee or appoint an independent successor trustee to administer the trust.
It is imperative that you obtain experienced trust litigation attorneys if you are a co-trustee and there is a deadlock or disagreement with your co-trustee. A lawsuit must be filed in order for the court to remove the co-trustee and allow the proper administration of the trust. For more information, please feel free to visit our website at www.willtrust.com or contact me directly at seton@hengesbachlaw.com.
