The Short Answer

In Florida, beneficiaries (and other interested persons) can ask the court to step in when a trustee or personal representative breaches fiduciary duties—especially where there is mismanagement, self-dealing, or an abuse of discretion over distributions. Remedies can include a court-ordered accounting, orders compelling proper administration, removal, and money damages (often called a surcharge) to restore losses to the trust/estate.

What Florida Law Says

Florida treats trustees and personal representatives as fiduciaries who must act in good faith and administer assets for the benefit of the proper beneficiaries—not for themselves. When a fiduciary violates those duties, Florida courts have broad authority to protect beneficiaries, stop ongoing harm, and make the trust/estate whole, including in situations involving discretionary distributions that are being applied improperly.

The Statute

The primary law governing remedies against a trustee for breach of trust is Fla. Stat. § 736.1001.

This statute authorizes the court to impose remedies such as compelling performance, enjoining misconduct, ordering an accounting, appointing a special fiduciary, suspending or removing the trustee, reducing/denying compensation, and ordering repayment/restoration of property—among other appropriate relief.

Why You Should Speak with an Attorney

Even when mismanagement seems obvious, these cases often turn on details like what the trust instrument allows, what was “adequately disclosed,” and whether the trustee’s discretion was exercised in good faith. Legal outcomes often depend on:

• Strict Deadlines: Florida can impose a short limitations window (including a 6-month bar in certain circumstances after adequate disclosure), so waiting can seriously reduce your leverage. See Fla. Stat. § 736.1008.
• Burden of Proof: You typically need financial records, distribution history, and evidence showing the fiduciary’s decisions were improper (not merely unpopular), especially with discretionary trusts.
• Exceptions and Overlap (Trust vs. Estate): Your remedies may differ depending on whether the problem is a trustee, an executor/personal representative, or the same person wearing both hats. For estates, removal can be sought for “wasting or maladministration,” among other grounds. See Fla. Stat. § 733.504. Florida also provides for liability and fee-shifting in fiduciary breach litigation involving a personal representative. See Fla. Stat. § 733.609.

Trying to handle this alone can lead to missed deadlines, incomplete petitions, or court orders that don’t fully protect the trust/estate. A probate attorney can evaluate whether the facts support removal, a surcharge, emergency relief, or a court-supervised accounting—and can position the case to recover attorney’s fees where available.

If you want more background before speaking with counsel, you may find these helpful: trust accounting rights in Florida and challenging an executor’s accounting and recovering estate funds.

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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.