Trustee Refusing an Accounting in Florida? Questions to Review First

Trustee Refuses to Give Accounting Florida: Next Steps

Trustee accounting requests in Florida can depend first on what the trust instrument requires, along with applicable Florida law and the facts of each case. A trust accounting is a report from the trustee about trust property, income, expenses and distributions over a set period. Whether you can demand one depends on the governing trust instrument, applicable Florida law and the facts of each case. This guide covers the basics, how to make a written demand and the court options that may follow.

What a Trust Accounting Is and Who May Ask for One

For an irrevocable trust, Fla. Stat. § 736.0813 says, subject to the governing trust instrument and applicable Florida law, that the trustee shall provide a trust accounting to each qualified beneficiary at least annually, and when the trust ends or the trustee changes. How that applies to your trust depends on the trust terms, applicable Florida law and the facts of each case.

Depending on the governing trust instrument, applicable Florida law and the facts of each case, a qualified beneficiary may be able to waive that duty, and a waiver may need to be in writing. Whether a waiver can be withdrawn, and how far a withdrawal applies, also depends on those factors.

Revocable trusts may work differently under Florida accounting law, depending on the governing trust instrument, applicable law and the facts of each case. Under Fla. Stat. § 736.0603, the trustee’s duties may extend only to the settlor while the trust is revocable, depending on the governing trust instrument, applicable Florida law and the facts of each case. Under § 736.0602, whether the settlor may revoke or amend the trust depends on the trust’s terms, including whether they expressly provide that the trust is irrevocable, on applicable Florida law, and on the facts of each case, including whether the instrument predates the Florida Trust Code’s effective date.

Reporting duties for personal representatives may differ, depending on the governing will, applicable Florida law and the facts of each case. This page does not cover them in detail, because they depend on the probate estate and applicable law.

What a Required Florida Trust Accounting May Include

Under Fla. Stat. § 736.08135, a trust accounting must be a reasonably understandable report. The details can vary with the governing trust instrument, applicable Florida law and the facts of each case.

• The trust, the trustee furnishing it and the period covered
• All cash, property and significant transactions in that period
• Compensation paid to the trustee and the trustee’s agents
• Gains, losses, receipts and disbursements
• Allocation between income and principal where it affects a beneficiary’s interest

A beneficiary may also ask for an asset list, current balances and the records behind the figures. Under § 736.08135, identifying and valuing trust assets on hand, to the extent feasible, may be part of the accounting, and whether it applies depends on the trust terms, applicable law and the facts of each case. Under § 736.0810, a trustee’s duties to keep clear, accurate records and to keep trust property separate from the trustee’s own may depend on the governing trust instrument, applicable Florida law and the facts of each case. Depending on the governing trust instrument, applicable Florida law and the facts of each case, a beneficiary may have a basis to ask what records exist.

Why a Request May Go Unanswered and What a Refusal Does Not Settle

A trustee may not answer right away. Silence alone does not decide whether the trustee breached a duty.

Possible reasons include incomplete records, uncertainty about what the trust terms require, or a disagreement over distributions. These are possibilities, not findings about any particular trustee.

Under § 736.1001, a violation of a duty owed to a beneficiary is a breach of trust. Whether a duty was violated depends on the trust instrument, applicable Florida law and the facts of each case.

Keep three requests separate, because each may follow different steps:

• Informal request for information. Under § 736.0813, upon reasonable request a trustee shall provide relevant information about assets, liabilities and administration. The statute does not set a fixed number of days for an informal request.
• Request for a formal accounting. This asks for a report that meets the content rules above.
• Demand for distributions. This asks for money or property to be paid out. It follows the trust terms and separate steps.

Keep copies of every message, note the dates you asked, and save any delivery receipts.

The First Step: Preparing a Written Demand

A written demand creates a clear record of what you asked for and when. It commonly identifies:

• The full trust name, and the trustee’s name and address
• Your status as a beneficiary and the interest you hold
• The accounting period you are requesting
• The specific records you want, such as statements, receipts or the trust instrument
• A reasonable response date, plus the trust sections and statutes that may apply

Any response date you set is a request. It does not by itself create a legal deadline. How any deadline applies depends on applicable law and the facts of each case. A factual letter, without accusations, may be easier to review later.

Send the demand by a method that creates a delivery record, and keep the original. Trust Counsel’s attorneys may advise or represent beneficiaries on drafting and sending a demand, subject to the governing instrument and applicable law.

What Can Happen if a Trustee Still Does Not Provide an Accounting

If a trustee still does not respond, a beneficiary may be able to ask a court for help. Whether that is available depends on the facts. Under § 736.0201, a trust proceeding begins by filing a complaint under the Florida Rules of Civil Procedure. The court’s role can include review and settlement of interim or final accounts.

Possible relief under § 736.1001 includes:

• Ordering the trustee to perform duties or to account
• Suspending the trustee, or reducing or denying compensation
• Other relief the court finds appropriate

§ 736.0706 lets a settlor, cotrustee or beneficiary ask the court to remove a trustee. Under § 736.1002, liability for a breach is the greater of restoring the trust property or the profit from the breach. The amount depends on the facts.

In certain breach actions, § 736.1004 says the court shall award taxable costs, including attorney fees. Timing can matter too. Some trustee notices state a six-month window under § 736.1008. Whether that window applies depends on the disclosure and the facts.

Leslie V. Marenco may advise or represent clients in court, subject to the governing instrument and applicable law.

How Leslie V. Marenco May Help

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

Possible services include:

• Reviewing the trust instrument and any written waiver
• Evaluating the accounting request and the records that may exist
• Drafting and sending a written demand
• Discussing court options, including a petition
• The firm’s lawyers may advise trustees on reporting questions, depending on the governing trust instrument and applicable Florida law.

A first conversation can help sort out whether your request is about information, a formal accounting or a distribution. The process and timeline depend on the trust terms, applicable Florida law and the facts of each case.

Fees are agreed between client and attorney according to the scope of work. The firm’s only office is in Coral Gables, Florida. We serve clients in Aventura, Key Biscayne and Pinecrest.

Frequently Asked Questions