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Liabilities of Trustee

Nature of Trustee’s Liability In circumstances where a trustee breaches a fiduciary duty or improperly exercise a power, a trust beneficiary can bring an action against the trustee under substantive principles of equity. A trustee may be subject to removal, denial of compensation, or other relief provided by the court.

Tort Liability of Trustee A trustee is only personally liability in circumstances where he is personally at fault. Florida law provides that the trust is liable for those torts committed in the course of trust administration.

Liability for Breach of Contract A trustee is liable for breach of contract only when he or she fails to reveal his or her representative capacity and identify the trust estate in the contract.

Exoneration from Liability An exoneration provision is usually provided in trusts agreements to limit liability or to protect a trustee from liability. These types of provisions have been upheld as valid.

If you would like more information the liabilities of a Trustee, CONTACT our Florida Trust Lawyers by email or call us at 904-685-1200 to discuss your situation today.

Client Reviews
After years of trying to protect my assets from creditors, I was shocked to find out that my assets were unprotected in ways I had never considered. Not only had I placed my assets at risk from my mother's creditors, but I had placed my assets at risk from other family members who were intent on manipulation. When my mother died, I discovered that a family member had changed my mother's estate planning documents. Mr. Goldman and his team were able to explain what went wrong and successfully defended my position in court. During the case, I learned that I could have had much better protection from family and creditors, thus avoiding years of litigation and undue familial stress. When it comes to protecting your assets and your family, I would highly recommend hiring Mr. Goldman and his team. Bill H.
As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently. In addition, Mr. Goldman can help real estate investors structure trusts to protect their assets from creditors. Michael Starling
This office is fantastic. I was faced with a horrible situation and this office helped to put an end to the untenable situation. Ms. Kendal Schoepfer was always available before, during, and after office hours to answer any questions that I had. I highly recommend this law office to all. Tisha Brown
Kendal was an amazing answer to a difficult time. Highly recommend her!!! Dana Ramsey