736.0706
Removal of trustee.
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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.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2012–2023 · leading case: Richard Brown v. Susan Brown-Thill
Richard Brown v. Susan Brown-Thill (2014)
“7-706(2), (3); see Fla. Stat. Ann. § 736.0706 (2)(b), (c). Invoking these statutes, the arbitrator granted Brown-Thill’s petition to remove Brown, finding that he had “failed to adequately cooperate with Brown-Thill to ensure the effective administration of the EDB Trusts on…”
McCormick v. Cox (2013)
“§§ 736.0706, .1001(2)(g), Fla. Stat. (2013).”
Swan v. Trost (2012)
“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.”
Brown-Thill v. Brown (2013)
“” Fla. Stat. § 736.0706 (2)(b)-(c); Mo.Rev.”
Kountze v. Kountze (2012)
“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 .”
Donna D. Gnaegy v. Debra D. Morris (2023)
“”); see also § 736.0706(2)(c), Fla. Stat. (2022) (“(2) The court may remove a trustee if: .”
BRIAN GILLER v. ANITA GROSSMAN, etc. (2021)
“3d DCA 2020) (citing §§ 736.0706, 736.1001, and 736.0201, Fla.”
PAMELA L. ALTMAN, etc. v. SHEILA E. BROWN (2023)
“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 4,000 surcharge upon her, ordered the amount paid into a specific trust income account within sixty days, and further ruled that…”
Brown-Thill v. Brown-Thill (2018)
“7-706, RSMo ; Fla. Stat. § 736.0706 . Here, the probate court determined, "based upon Brown's testimony and the testimony of his expert, that it is necessary for 1) Brown's share of the [EDB] and [SLB] Trusts to be administered by an independent Trustee and 2) his minor…”
— 736.0706(1) — 1 case
Kountze v. Kountze (2012)
“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 .”
— 736.0706(1)(a) — 1 case
BRIAN GILLER v. ANITA GROSSMAN, etc. (2021)
“3d DCA 2020) (citing §§ 736.0706, 736.1001, and 736.0201, Fla.”
— 736.0706(2)(c) — 1 case
Donna D. Gnaegy v. Debra D. Morris (2023)
“”); see also § 736.0706(2)(c), Fla. Stat. (2022) (“(2) The court may remove a trustee if: .”
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