A Trustee is not required to be represented by counsel in Florida. However, if you are nominated to serve as Trustee it is recommended you consult with an experienced trust attorney to avoid the many pitfalls Trustees face during trust administration.
A Trustee has a duty to administer a trust in good faith, in accordance with the terms and purposes of the trust and the interest of the beneficiaries.
Trust administration can be a complicated process. Most Trustees lack the knowledge and experience necessary to fully understand the terms of the trust and the duties required of a Trustee pursuant to Florida law. Although the terms of the trust serve as guidance to the Trustee as to how the trust is to be administered, the laws of Florida also require a Trustee to fulfill certain duties and obligations. For example, the law requires a Trustee to account to the beneficiaries of the trust, to provide a copy of the trust to the beneficiaries and to file a Notice of Trust upon the death of the settlor.
If a Trustee fails to adhere to their statutory duties they could find themself involved in a lawsuit for breach of fiduciary duty. Some common complaints beneficiaries have against Trustees include failure to properly notify the beneficiaries of certain actions made by the Trustee, failure to account to the beneficiaries and to provide information about the assets and liabilities of the trust.
Fortunately, working with a knowledgeable attorney in regard to the administration of the trust is a way to ensure that all legal requirements are satisfied.
