Legal Question in Wills and Trusts in Florida

Is it legal to decline the job of Trustee/Executor?

My husband & I live in Calif & we have just found out that we are the named executors for on a living trust, in Florida. The estate belonged to my daughters'grandmother-inlaw and she just passed away. We believe Grandma chose us because she did not include most of her grandchildren in her will - only my daughters children. We want to honor her wishes, but this is causing major problems. My daughter is being harrassed by her inlaws & its putting alot of stress on her marriage.

So I called the lawyer in FL, & explained our situation & stated that we want to decline-Trustee. The lawyer said that we can't Decline!!! If we do we would be punished by the courts with large fine...

We didn't even know about this trust in advance, nor did we sign any documents accepting to be a trustee. Besides that we live in CA, estate is in FL, & we are not blood related.

Any comments would be appreciated! Thankyou!!


Asked on 9/28/01, 5:02 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Is it legal to decline the job of Trustee/Executor?

you have no obligation to do anything. you cannot be fined. now, there might be some provision that would reduce or eliminate your inheritance if you decline to act as trustee, but other than that you cannot be penalized for refusing the position.

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Answered on 11/06/01, 8:38 pm


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