{"id":4019,"date":"2026-10-25T01:32:07","date_gmt":"2026-10-25T01:32:07","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/sue-trust-or-trustee-florida\/"},"modified":"2026-10-27T14:35:58","modified_gmt":"2026-10-27T14:35:58","slug":"sue-trust-or-trustee-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/sue-trust-or-trustee-florida\/","title":{"rendered":"Can You Sue a Trust in Florida or Only the Trustee?"},"content":{"rendered":"\n
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Trust Litigation | Coral Gables, Florida<\/p>

Suing a Florida Trust? Start With the Trustee's Conduct<\/h1>

Trust Counsel, PL focuses on probate and trust litigation for beneficiaries, heirs and fiduciaries. Our office is in Coral Gables, and we serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.<\/p>

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By Leslie V. Marenco \u00b7 Published October 24, 2026<\/p>\n\n

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Short Answer: Who Is Actually Sued When a Florida Trust Is Challenged<\/h2>\n

Can you sue a trust in Florida? Usually, you sue the trustee in the trustee’s role, and the trust property comes into the case where the claim requires it. A trust is a set of assets held under written rules. The trustee manages those assets.<\/p>\n

Think of a trust as a locked box and the trustee as the person holding the key. If something is wrong with the box, the real question is usually what the key-holder did. Florida law says a claim based on a contract entered into in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust can be asserted against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable, according to Florida trustee liability rules<\/a>.<\/p>\n

Other people can also end up in a case. A third party who received trust property may be named, and who belongs in the case depends on the dispute itself.<\/p>\n

The circuit court’s authority over trust cases<\/a> covers all proceedings arising under that code.<\/p>\n\n

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If a trustee's report or a distribution has you worried, you may have a claim worth reviewing, and you don't have to sort out the deadlines alone. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Who Can Bring a Claim and Who Can Be Named<\/h2>\n

Beneficiaries are the people who usually bring trust claims. Florida law calls them qualified beneficiaries. On reasonable request, a trustee must give a qualified beneficiary a complete copy of the trust instrument, as stated in the duty to inform and account<\/a> statute.<\/p>\n

A trustee can face a claim in two ways. Personal money liability is narrower. A trustee is personally liable for torts in administering a trust only if the trustee is personally at fault.<\/p>\n

The estate side uses different roles. A personal representative (often called an executor) manages a decedent’s probate estate, which is separate from trust administration. Florida also defines non-deposit trust companies<\/a> that provide trustee and estate administration services.<\/p>\n

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.<\/p>\n

Common Reasons Beneficiaries Sue a Trustee<\/h2>\n

The core claim is a breach of trust. Florida law says a violation by a trustee of a duty owed to a beneficiary is a breach of trust and its remedies<\/a>.<\/p>\n

Common grounds include the following:<\/p>\n