Have Questions About Suing a Trustee in Florida?

Florida sets a deadline, and it may not start on the date of the breach

Florida sets time limits for beneficiaries who want to sue a trustee for breach of trust. It does not always start on the day the trustee made the mistake.

For matters adequately disclosed, the period begins on receipt of that disclosure, or on receipt of a limitation notice that applies to it, whichever is received later. The claim is then governed by the limits in chapter 95. Don’t assume a deadline hasn’t started just because you never saw the breach yourself.

What counts as a report that discloses a potential claim?

A report counts when it gives you enough information to know a claim might exist. The statute covers a trust accounting or any other written report from the trustee. It asks whether you knew, or reasonably should have asked about, the claim.

Start with the documents you already hold:

• Trust accountings, which must show cash, property and significant transactions, including trustee compensation (Fla. Stat. § 736.08135).
• Written reports from the trustee.
• Limitation notices, which warn that a claim may be barred unless filed within 6 months after you receive the document or notice, whichever is later.

An earlier bar can also apply, so act quickly (Fla. Stat. § 736.1008).

If the trustee has not given a final accounting or written notice about trust records, the rule differs. Section 736.1008 sets specific start rules and exceptions for when a claim against a trustee must be filed, so the deadline depends on the facts of your situation and should be reviewed promptly.

You can also ask for the trust itself. On reasonable request, a trustee must give a qualified beneficiary a complete copy of the trust instrument (Fla. Stat. § 736.0813). See getting a copy of a Florida trust.

Situations that change the timing questions

General information: deadlines that may apply after a change of trustee depend on the facts of each matter. The key question is when a qualifying report reached you. A vacancy in a trusteeship occurs when a designated trustee declines or cannot be identified or does not exist, or when a trustee resigns, is disqualified or removed, dies, or is adjudicated incapacitated (Fla. Stat. § 736.0704). For a trustee who dies or becomes incapacitated, see this trust litigation guide.

Under Fla. Stat. § 736.10081, a trustee seeking settlement and discharge under this section must send to the trust’s qualified beneficiaries and any cotrustee, and the immediate successor trustee if the trust is not terminating, a trust disclosure document. A written objection received within 60 days after the trustee sends the trust disclosure document stops this discharge process, and the objection does not need to state grounds or follow any particular form.

Claims that a trust is invalid follow a different clock. An action to contest a trust that was revocable at the settlor’s death is barred after the earlier of the chapter 95 period or six months after the trustee sent a copy of the trust and a notice (Fla. Stat. § 736.0604). For that topic, see evidence of lack of capacity.

Steps a beneficiary can take now to protect the timeline

Start a dated file today. Record the date you received each trustee report, accounting and notice. Keep the envelope, email or cover letter. For a claim contesting the validity of a trust that was revocable at the settlor’s death, Fla. Stat. § 736.0604 bars the action unless commenced within the earlier of the chapter 95 period or six months after the trustee sent you a copy of the trust instrument and a notice.

Next, list each transaction or decision that worries you. Note the date, the amount and the page where it appears. Check trustee compensation too, because accountings must show it.

Request the trust instrument in writing and keep a copy of your request.

Treat any deadline question as urgent. A missed window can bar a claim. Trust Counsel’s trust litigation attorney overview describes the trust disputes the firm handles.

Talk with Trust Counsel about your trustee’s report

If you received a trust accounting or trustee letter and don’t know whether your deadline has started, the answer may shape your options. Call Trust Counsel, PL at (305) 707-7126 or schedule online. The first consultation is free, confidential and carries no obligation to continue.

Trust Counsel’s office is in Coral Gables. Leslie V. Marenco is the responsible lawyer for this page. The firm focuses on trust and estate matters and advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

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