The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0706

736.0706 Removal of trustee.—

(1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.

(2) The court may remove a trustee if:

(a) The trustee has committed a serious breach of trust;

(b) The lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.

History.—s. 7, ch. 2006-217.

F.S. 736.0706 on Google Scholar

F.S. 736.0706 on Casetext

Amendments to 736.0706

Arrestable Offenses / Crimes under Fla. Stat. 736.0706

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0706.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

. . . behalf of Hardy Wallace) and Mark Wallace moved the court to remove Milton Wallace as trustee (sections 736.0706 . . .

L. BROWN, v. BROWN- THILL, v. L., 762 F.3d 814 (8th Cir. 2014)

. . . . § 736.0706(2)(b), (c). . . . Ann. § 736.0706; see Mo.Rev. Stat. § 456.7-706. . . . Ann. § 736.0706 and Mo. . . .

F. McCORMICK, v. C. COX,, 118 So. 3d 980 (Fla. Dist. Ct. App. 2013)

. . . . §§ 736.0706, .1001(2)(g), Fla. Stat. (2013). III. . . .

BROWN- THILL, v. BROWN,, 929 F. Supp. 2d 887 (W.D. Mo. 2013)

. . . . § 736.0706(2)(b)-(c); Mo.Rev.Stat. § 456.7-706.2(2)-(3). . . . Stat. § 736.0706(2)(d); Mo. Rev.Stat. § 456.7-706.2(4). . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . mismanagement and conflict/self-dealing transactions” and remove her as Trustee pursuant to section 736.0706 . . . the ward's property. (11) Development of a conflict of interest between the ward and the guardian. . 736.0706 . . .

KOUNTZE, Jr. v. KOUNTZE,, 93 So. 3d 1164 (Fla. Dist. Ct. App. 2012)

. . . Section 736.0706(1), (2)(c), Florida Statutes (2010), provides that “a trustee may be removed by the . . .