{"id":4055,"date":"2026-10-25T03:27:46","date_gmt":"2026-10-25T03:27:46","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/trustee-also-beneficiary-conflict-florida\/"},"modified":"2026-10-27T14:35:32","modified_gmt":"2026-10-27T14:35:32","slug":"trustee-also-beneficiary-conflict-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/trustee-also-beneficiary-conflict-florida\/","title":{"rendered":"Trustee Also a Beneficiary Conflict Florida | Trust Counsel"},"content":{"rendered":"\n
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Trust and Estate Disputes | Coral Gables, Florida<\/p>

When Your Trustee Is Also a Beneficiary, Conflicts Need Careful Review<\/h1>

Florida law still requires a trustee who is also a beneficiary to act loyally and impartially. Leslie V. Marenco and the Trust Counsel, PL attorneys in Coral Gables represent beneficiaries, heirs and trustees in trust disputes.<\/p>

Book a Free Strategy Call<\/a><\/div>
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By Leslie V. Marenco \u00b7 Published October 24, 2026<\/p>\n\n

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Short Answer: Can a Trustee Also Be a Beneficiary in Florida?<\/h2>\n

Yes. How the roles of trustee and beneficiary are arranged depends on the terms of each trust document. A trustee who is also a beneficiary is not automatically in breach. The problem starts when the trustee’s personal interest drives a decision that should serve all the beneficiaries. That question sits at the center of most trustee is also a beneficiary conflict Florida disputes.<\/p>\n

Under Fla. Stat. \u00a7 736.0802<\/a>, a trustee must administer the trust solely in the interests of the beneficiaries. A violation of a duty owed to a beneficiary is a breach of trust under Fla. Stat. \u00a7 736.1001<\/a>.<\/p>\n

Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page.<\/p>\n\n

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If a trustee is selling trust property to themselves or your distributions have shrunk, you do not have to sort out your options 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\n
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Who This Page Is For and What the Conflict Looks Like<\/h2>\n

This page is for beneficiaries, heirs and co-beneficiaries who believe a trustee is putting personal gain first. It also helps trustees who are beneficiaries and want to know the limits on their own conduct.<\/p>\n

Common conflict patterns include:<\/p>\n