Florida Statute 736.0706 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 736.0706

Total Results: 8

Donna D. Gnaegy v. Debra D. Morris

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: administration of the estate as a whole.”); see also § 736.0706(2)(c), Fla. Stat. (2022) (“(2) The court may remove

PAMELA L. ALTMAN, etc. v. SHEILA E. BROWN

Court: District Court of Appeal of Florida | Date Filed: 2023-07-05

Snippet: a trustee of the relevant trust under section 736.0706, Florida Statutes (2020); (2) imposed a $134

BRIAN GILLER v. ANITA GROSSMAN, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-01

Snippet: So. 3d 207, 210 (Fla. 3d DCA 2020) (citing §§ 736.0706, 736.1001, and 736.0201, Fla. Stats.; McCormick

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: to remove Milton Wallace as trustee (sections 736.0706 and 736.1001 of the Florida Trust Code) based

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: to remove Milton Wallace as trustee (sections 736.0706 and 736.1001 of the Florida Trust Code) based

McCormick v. Cox

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 118 So. 3d 980, 2013 Fla. App. LEXIS 12724, 2013 WL 4081414

Snippet: appoint a special trustee is well settled. §§ 736.0706, .1001(2)(g), Fla. Stat. (2013). III. Conclusion

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550

Snippet: and remove her as Trustee pursuant to section 736.0706, Florida Statutes (2009),4 for the same conduct

Kountze v. Kountze

Court: District Court of Appeal of Florida | Date Filed: 2012-08-01

Citation: 93 So. 3d 1164, 2012 WL 3111681, 2012 Fla. App. LEXIS 12515

Snippet: but affirm the remainder of the order. Section 736.0706(1), (2)(c), Florida Statutes (2010), provides