What You’re Entitled To
If you are a qualified beneficiary (a current beneficiary or a first-in-line remainder beneficiary), Florida gives you the right to be kept reasonably informed. Concretely:
- Notice that the trust exists and who the trustee is (within 60 days after a revocable trust becomes irrevocable, usually at the creator’s death).
- A complete copy of the trust document.
- Accountings, showing the trust’s assets, income, expenses, distributions, and the trustee’s compensation, at least annually.
- The right to enforce all of this in court if the trustee will not cooperate.
A trustee who keeps beneficiaries in the dark is not protecting the trust. They are violating their duties.
You Can Demand an Accounting
The accounting is your window into the trust. It is how you find out whether the trustee has done their job or has been mismanaging, favoring one beneficiary, or quietly helping themselves. If the trustee refuses or stalls, you can ask the court to compel one. It is usually the first step, before any larger dispute, and often it tells you everything you need to know.
Being kept in the dark by a trustee?
Book a free 30-minute consult. We will get you the information you are owed and tell you honestly if there is a case.
Book your free consultWhen a Trustee Breaches Their Duty
A trustee owes you loyalty, prudence, and impartiality. When they fall short, self-dealing, making improper distributions, mismanaging assets, the court can compel them to perform, remove them for serious breaches or unfitness, surcharge them (order them to personally repay the losses they caused), and order misapplied assets returned. If the trust itself was the product of undue influence or exploitation, that is its own claim. See how we handle estate and trust disputes →
Watch the Clock
Do not sit on your concerns. If the trustee gives you a proper accounting with a limitation notice, you may have as little as six months to object before you lose the right. Claims for breach of trust have their own deadlines too. Because the clock can start quietly the moment an accounting lands in your mailbox, have a lawyer review any accounting promptly.
Frequently Asked Questions
What Are My Rights as a Trust Beneficiary in Florida?
If you are a qualified beneficiary, you have the right to be kept reasonably informed about the trust and its administration. That includes the right to know the trust exists and who the trustee is, the right to a complete copy of the trust document, and the right to accountings showing what the trust holds and how the trustee has handled the money. You also have the right to enforce all of this in court if the trustee will not cooperate. A trustee who stonewalls beneficiaries is not protecting the trust; they are violating their duties.
Is the Trustee Required to Tell Me Anything?
Yes. When a revocable trust becomes irrevocable (usually at the death of the person who created it), the trustee must, within 60 days, notify the qualified beneficiaries that the trust exists, identify themselves, and let you know you can request the trust document and accountings. The trustee has an ongoing duty to keep you reasonably informed and to respond to reasonable requests for information. Silence is a red flag, and often a legal violation.
Can I Demand an Accounting From the Trustee?
Yes. A qualified beneficiary is generally entitled to a trust accounting, a detailed report of the trust’s assets, income, expenses, distributions, and the trustee’s compensation, at least annually and at certain other points. If the trustee refuses or drags their feet, you can petition the court to compel one. An accounting is how you find out whether the trustee has been doing their job or quietly mismanaging or helping themselves; it is often the first step before any bigger dispute.
What Can I Do if the Trustee Is Mismanaging or Hiding Things?
You have real remedies. A court can compel the trustee to account and to perform their duties, remove the trustee for serious breaches or unfitness, "surcharge" the trustee, meaning order them to personally repay losses they caused, and order the return of misapplied assets. If a trustee is self-dealing, making improper distributions, or favoring one beneficiary, those are breaches of fiduciary duty you can act on. We assess the strength of the case before you commit to a fight.
Is There a Deadline to Object?
Yes, and it can be short, which is why you should not sit on concerns. If the trustee gives you a proper accounting along with a specific limitation notice, you may have as little as six months to raise an objection before you lose the right. More generally, claims for breach of trust have their own time limits. Because the clock can start quietly when an accounting arrives, it is worth having a lawyer review any accounting you receive promptly.
I Think I Was Cut Out or Shorted. Can You Help?
Yes. Whether the trust itself was the product of undue influence, the trustee is mismanaging or self-dealing, or you are simply being kept in the dark, we represent beneficiaries in getting answers and enforcing their rights, and we handle these matters remotely. We start by getting you the information you are owed, then advise honestly on whether there is a case worth pursuing. The 30-minute consult is free.
Common Situations
The silent trustee. A sibling serving as trustee will not share the trust or any accounting after their parent’s death. We demand the document and an accounting, and when it does not come, petition the court to compel it.
The self-dealing trustee. A trustee pays himself large "fees" and sells trust property to a friend below value. The accounting exposes it, and we pursue removal and a surcharge to recover the losses.
Sources of Law
- Fla. Stat. §736.0813 (trustee’s duty to inform and account; 60-day qualified-beneficiary notice); §736.08135 (trust accounting content); §736.1008 (limitation on actions, the 6-month period after a qualifying accounting and limitation notice); §736.0706 (removal of trustee); §736.1001-.1002 (remedies and surcharge). flsenate.gov (retrieved 2026-06-09)
Updated on June 9, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Deadlines and outcomes depend on your facts; past results do not guarantee a similar outcome. Do not send confidential information until we have agreed to represent you.