A revocable trust works only as well as the person managing it. Most people assume their chosen successor trustee will step in smoothly when needed. But sometimes the trustee freezes, disappears, or doesn’t understand what the role demands. When that happens, bills go unpaid, assets sit idle, and beneficiaries are left wondering what, if anything, is happening behind the scenes.
Trustees don’t have to be perfect, but they must be responsive, organized, and willing to act. Warning signs appear early:
In some cases, the trustee means well but is overwhelmed or lives far from the trust property. In others, the trustee resists sharing information or cooperating with cotrustees. Either situation can stall administration and harm the trust.
Florida’s Trust Code gives beneficiaries and cotrustees options when a trustee won’t act. A petition for removal may be filed when the trustee refuses to perform essential duties, engages in a serious breach of trust, or when lack of cooperation makes administration nearly impossible. Courts can also remove a trustee who is unfit or unwilling to serve.
Evidence that can support a petition includes:
Once the court steps in, it can either appoint a professional trustee to take over or let the remaining cotrustees handle the administration.
