What Makes a Trust Invalid in Florida?

What Makes a Trust Invalid in Florida? A trust may be invalid in Florida if it was not properly created, the settlor lacked the required capacity, the settlor did not intend to create the trust, the trust was procured through fraud or undue influence, or a required legal formality was not satisfied. Florida law also […]

What Happens If a Trustee Commingles Trust Funds With Personal Assets in Florida?

What Happens If a Trustee Commingles Trust Funds With Personal Assets in Florida? Quick answer: If a trustee mixes trust money with personal money, the trustee may be violating Florida law. Florida Statutes § 736.0810 requires a trustee to keep trust property separate from the trustee’s own property and maintain clear, distinct, and accurate records. […]

Can a Beneficiary Force a Trustee to Sell Property in Florida?

Can a Beneficiary Force a Trustee to Sell Property in Florida? Quick answer: Not automatically. A beneficiary may be able to ask a Florida court to require a trustee to sell property when the trust requires a sale, the trustee has failed to perform a legal duty, or the trustee has abused discretion or breached […]

How to Sue a Trustee for Mismanagement of Trust Funds in Florida?

How to Sue a Trustee for Mismanagement of Trust Funds in Florida? A beneficiary who believes a trustee has mismanaged trust funds in Florida may be able to bring a breach of trust claim and seek court ordered remedies. The case may involve evidence that the trustee misused trust funds, made improper investments, engaged in […]

Trustee Refusing to Distribute Assets in Florida? What to Do

What Happens When a Trustee Refuses to Distribute Trust Assets in Florida? A trustee who refuses to distribute trust assets in Florida may be subject to court intervention when the trust requires a distribution and the trustee fails to perform the required duty. A beneficiary may seek appropriate court relief, which can include an order […]

Can Married Couples Protect Assets from Medicaid in Florida?

Can Married Couples Protect Assets from Medicaid in Florida? 2026 Spousal Protection Rules The CareScout Cost of Care Survey (run by Genworth) puts the 2025 national median for a semi-private nursing home room at $315 a day, about $114,975 a year. For a married couple, that number lands like a threat. One spouse needs care. […]