Legal Question in Wills and Trusts in Florida
In my late aunt's will in the State of Florida, her sole trustee is released of any obligation to render any annual or other periodic accounting. It is my understanding that under the Florida Trust Code the fiduciary and legal duty of a trustee is to be accountable to the beneficiaries of her estate. Does the Florida Trust Code take precedence over what is in the will? Does the lawyer who drew up the will not have a responsibility to protect the trust for the beneficiaries?
2 Answers from Attorneys
No. A beneficiary can seek court intervention.
The attorney who drew up the will has no responsibilities other than to the principal and potentially the Estate. The testamentary trust is governed by its terms. The Court enforces those terms and Trustee can be challenged in Court, if appropriate. Seek legal advice.
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