What should I do if I believe I am a beneficiary of a trust but am not receiving any information or distribution? - Florida
The Short Answer
If you are a qualified beneficiary of a Florida trust, the trustee generally must keep you reasonably informed, provide trust information on reasonable request, and (for many irrevocable trusts) provide accountings. When a trustee refuses to communicate or explain distributions, it can be a warning sign of mismanagement—and it is usually a situation where having a Florida probate/trust attorney step in quickly can protect your rights.
What Florida Law Says
Florida’s Trust Code imposes disclosure and accounting duties on trustees. In plain terms, trustees are not allowed to run a trust in the dark—qualified beneficiaries are entitled to meaningful information about the trust and its administration, and in many cases periodic accountings.
The Statute
The primary law governing this issue is Fla. Stat. § 736.0813.
This statute establishes that the trustee must keep qualified beneficiaries reasonably informed, provide a copy of the trust instrument upon reasonable request, provide relevant information about trust assets/liabilities and administration upon reasonable request, and (for many irrevocable trusts) provide trust accountings at least annually and at key events (like a change of trustee or termination).
Florida law also defines what a proper trust accounting should include under Fla. Stat. § 736.08135.
Why You Should Speak with an Attorney
Even when the law is clear that beneficiaries are entitled to information, trust disputes often escalate quickly. Legal outcomes often depend on:
- Strict Deadlines: In some situations, a trustee’s accounting or written report can trigger a short window to bring certain claims (often as short as 6 months), depending on the disclosures and notices provided. See Fla. Stat. § 736.1008.
- Burden of Proof: If you suspect self-dealing, missing assets, or improper distributions, you typically need financial records and a clear theory of what the trustee did wrong—something beneficiaries often cannot access without legal pressure.
- Exceptions and definitions: Whether you are a “qualified beneficiary,” whether the trust is revocable vs. irrevocable, and whether the trust terms modify certain duties can change what you are entitled to receive and when.
Trying to force information or distributions without counsel can backfire—especially if you inadvertently sign a waiver, accept a partial distribution tied to a release, or miss a limitations deadline. A Florida trust attorney can evaluate your status, demand the correct documents, and if needed ask the court to compel compliance and protect trust assets.
If your issue is tied to an estate administration (probate) rather than a trust, you may also find helpful background here: How Do Beneficiaries Access Probate Records in Florida When a Personal Representative Withholds Information? and How Can I Challenge an Executor’s Accounting and Recover Misappropriated Estate Funds in Florida?.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.