Your Rights as a Trust Beneficiary in Florida
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Under the Florida Trust Code, qualified beneficiaries have the right to be told about the trust, to receive a copy of the trust terms on request, and to receive trust accountings at least annually. Trustees must act loyally and prudently, and a court can compel an accounting or remove a trustee who breaches those duties.
Your right to information
Once a trust becomes irrevocable (usually at the grantor's death), the trustee must send qualified beneficiaries two notices, each within 60 days: one after accepting the trusteeship, with the trustee's name and address, and one after learning the trust became irrevocable, describing the trust's existence, the grantor's identity and the right to request a copy of the trust instrument and accountings (§ 736.0813). The trustee must also keep beneficiaries reasonably informed and respond to reasonable requests for information.
Your right to an accounting
Trustees must provide trust accountings at least annually and when the trust ends (§ 736.0813), showing receipts, disbursements, assets and trustee fees (§ 736.08135). Review them carefully: an accounting can start a shorter deadline to bring claims (§ 736.1008).
What the trustee owes you
- Loyalty: administer the trust solely for the beneficiaries (§ 736.0802)
- Impartiality: treat beneficiaries fairly (§ 736.0803)
- Prudence: invest and manage assets with reasonable care (§ 736.0804)
- Follow the trust terms: distribute on the timeline the trust sets
When there's a problem
Start with a written request. If the trustee still won't provide information, delays without reason or appears to be self-dealing, a court can compel an accounting, surcharge the trustee, reduce fees or remove the trustee (§ 736.0706, § 736.1001). Many disputes resolve once a lawyer gets involved.
If you are the trustee
Most problems come from well-meaning family trustees who don't know the rules. We guide successor trustees through notices, accountings and distributions so the trust is settled correctly. See our revocable living trust page.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
