Legal Question in Wills and Trusts in Florida
How to remove the primary trustee from a florida trust
My grandmother recently passed away. She left a trust, indicating my brother as primary trustee and mother as secondary trustee. She really wanted them to be co-trustees, however, in florida, he has all of the power and my mother's hands are tied. My brother is in terrible financial straits, getting ready to be foreclosed on , etc...he refuses to act in a timely manner, and he lives in Colorado, whereas my mother is in florida, where my grandmother was when she passed, and it is a florida trust. He will not act in a timely manner on anything, mom wants to put the houses on the market but he refuses until he can go and ''visit'' the houses..however, he could not be bothered with her while she was alive. My mother has had offers on the houses and can do nothing until he signs off, which he refuses to do. Our fear is that he wants to get remote access to all of her accounts, use her money to dig himself out of debt, and to heck with everyone else. Grandma stated in the trust (I have a copy and have read it) that it is to be divided equally 4 ways, between my mother, my brother, my sister, and mysel. He cannot be trusted, and we need to know how to have him removed so that my mother can proceed and settle everything.
2 Answers from Attorneys
Re: How to remove the primary trustee from a florida trust
A proceeding to have him removed for cause would be required.
Re: How to remove the primary trustee from a florida trust
A motion will have to be filed with the court and his actions shown to be against the interests of the beneficiaries.