Florida Statute 736.0706 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

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Amendments to 736.0706

Annotations, Discussions, Cases:

Cases Citing Statute 736.0706

Total Results: 5 | Sort by: Relevance | Newest First

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Kountze v. Kountze, 93 So. 3d 1164 (Fla. 2d DCA 2012).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3111681, 2012 Fla. App. LEXIS 12515

...o transfer trust documents to the temporary successor trustee. Because he was not provided with notice or the opportunity to be heard prior to imposition of this sanction, we reverse those portions of the order but affirm the remainder of the order. Section 736.0706(1), (2)(c), Florida Statutes (2010), provides that “a trustee may be removed by the court on the court’s own initiative ......

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Brian Giller v. Anita Grossman, Etc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...conflict regarding Anita’s role as property manager of the two Giller properties that generate income. 5 discretion. Wallace v. Comprehensive Pers. Care Servs., Inc., 306 So. 3d 207, 210 (Fla. 3d DCA 2020) (citing §§ 736.0706, 736.1001, and 736.0201, Fla....

...There is no indication in the record of conflict of interest as a result of Anita’s several roles within the family businesses; the record indicates that Anita has not taken any salary or remuneration for her work as Trustee. The court stated: Section 736.0706(1)(a), Fla....

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Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

...uardian appointment was inoperative). He also argued that the court should remove her as guardian pursuant to section 744.474 3 for “fraud, abuse, waste, mismanagement and conflict/self-dealing transactions” and remove her as Trustee pursuant to section 736.0706, Florida Statutes (2009), 4 for the same conduct....

...(2) Failure to discharge her or his duties. (3) Abuse of her or his powers. [[Image here]] (7) The wasting, embezzlement, or other mismanagement of the ward's property. [[Image here]] (11) Development of a conflict of interest between the ward and the guardian. . 736.0706....

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Pamela L. Altman, Etc. v. Sheila E. Brown (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...DeWolf (Tallahassee) and Dale Noll, for appellant. Agentis PLLC and Christopher B. Spuches and Jason A. Martorella, for appellees. Before LOGUE, C.J., and HENDON and LOBREE, JJ. PER CURIAM. Appellant, Pamela L. Altman, appeals an order which (1) removed her as a trustee of the relevant trust under section 736.0706, Florida Statutes (2020); (2) imposed a $134,000 surcharge upon her, ordered the amount paid into a specific trust income account within sixty days, and further ruled that the surcharge was without prejudice to the plaintiffs’ r...

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Donna D. Gnaegy v. Debra D. Morris (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...(5) Wasting or maladministration of the estate. 5 . . . (9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole.”); see also § 736.0706(2)(c), Fla....

...trust due to her violations of various duties [she], as Trustee, owes to the beneficiaries of the Trust,” and, because she “persistently failed to administer the Trust effectively,” her removal as trustee “best serves the interests of the beneficiaries.” See § 736.0706(2)(c), Fla....

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