When someone passes away, the executor (personal representative) or trustee is supposed to manage the estate or trust fairly and honestly. Unfortunately, not all executors and trustees live up to their responsibilities.
In Miami, families sometimes discover that an executor is mismanaging funds, playing favorites, or even stealing from the estate. Florida law provides protections against misconduct, but you need a skilled probate lawyer to enforce them.
Duties of Executors & Trustees in Florida
Executors (personal representatives in probate) and trustees both have a fiduciary duty. This means they must:
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Act in the best interest of the estate and beneficiaries.
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Manage assets responsibly.
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Avoid self-dealing or personal gain.
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Follow Florida probate or trust law requirements.
📌 Example: An executor in Miami must inventory all estate assets, notify heirs, pay creditors, and distribute remaining assets fairly.
What Counts as Executor or Trustee Misconduct?
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Financial Mismanagement
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Failing to account for assets.
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Selling property below market value.
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Commingling estate funds with personal funds.
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Self-Dealing
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Using estate assets for personal benefit.
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Favoring one heir over others.
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Failure to Distribute Assets
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Unreasonable delays in probate or trust administration.
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Refusing to provide required accountings.
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Theft or Fraud
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Directly stealing funds or assets.
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Hiding assets from heirs.
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Legal Options When Misconduct Occurs
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Demand an Accounting
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Beneficiaries can request a full accounting of estate or trust finances.
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File Objections in Court
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Challenge the executor’s or trustee’s actions in Miami-Dade probate court.
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Petition for Removal
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Courts can remove executors or trustees who breach their duties.
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Seek Damages or Surcharge
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Misconduct may result in personal liability—wrongdoers can be forced to repay the estate.
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📌 Example: A trustee in Coral Gables used trust funds for personal vacations. A probate lawyer secured his removal and repayment of the stolen money.
How a Probate Lawyer Helps Families
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Investigates Misconduct → Reviews financial records for red flags.
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Protects Beneficiaries’ Rights → Ensures heirs receive their fair share.
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Petitions for Court Intervention → Seeks removal of dishonest executors/trustees.
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Recovers Stolen Assets → Holds wrongdoers financially accountable.
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Prevents Future Abuse → Guides families in appointing responsible fiduciaries.
Estate Planning Tips to Prevent Misconduct
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Choose Executors & Trustees Carefully → Select responsible, financially savvy individuals.
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Use Professional Fiduciaries → Banks or trust companies can serve as neutral administrators.
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Require Bonding → Courts can require executors to post a bond to protect estates.
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Regular Accountings → Ensure transparency with heirs throughout administration.
FAQs About Executor & Trustee Misconduct
Q: Can an executor be removed in Florida?
👉 Yes. Courts can remove executors for misconduct, neglect, or incapacity.
Q: Can beneficiaries sue a trustee?
👉 Yes. Beneficiaries may sue trustees who breach fiduciary duties.
Q: How long does it take to remove a bad executor?
👉 Several months, depending on court schedules and complexity.
Conclusion
Executors and trustees in Florida have serious legal responsibilities. When they fail—whether through neglect, favoritism, or outright theft—beneficiaries have the right to take action.
A Miami probate lawyer helps families investigate misconduct, remove unfit fiduciaries, and recover stolen or mismanaged assets.
📞 If you suspect executor or trustee misconduct in Miami, contact our probate lawyers today. We’ll protect your inheritance and hold wrongdoers accountable.
