Articles Tagged with Qualified Beneficiary

What is a Florida Beneficiary’s Right to Trust Accounting?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

In Florida, qualified beneficiaries of a trust have a legal right to receive an accounting from the trustee. This accounting is a detailed report of the trust’s financial activities, including income, expenses, distributions, and the status of trust assets. It ensures transparency and helps beneficiaries verify that the trustee is managing the trust according to Florida law.

Can a Trustee Be Removed in Florida?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

The answer is yes – under certain circumstances, a trustee can be removed from their duties. A trustee has a high fiduciary responsibility to act in the best interest of the qualified beneficiaries, but if they fail to do so, there are legal grounds for removal.

Know your rights.  If you are a qualified beneficiary of a Florida trust you have important legal rights protected by Florida law.

The trustee of an irrevocable trust in Florida is a fiduciary with numerous responsibilities that run like a laser beam to the qualified beneficiaries.  See our 12 Point Summary of Florida Trustee Duties. “Qualified beneficiaries” are generally all beneficiaries who are current beneficiaries, intermediate beneficiaries, and first-line remainder beneficiaries, whether vested or contingent.  See F.S. 736.0103(16)

The Trustee has a core duty to keep the “qualified beneficiaries” of an irrevocable trust reasonably informed of the trust and its administration.  If you are a qualified beneficiary” of an irrevocable Florida trust you have the following “information” rights under F.S. 736.0813:

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