Q: Can a trustee refuse to administer a trust if beneficiaries won't sign in Florida?
In Florida, can a trustee refuse to administer an irrevocable trust if the beneficiaries won't sign a form acknowledging they received a copy of the trust? The trustee claims Florida law requires the beneficiaries' signatures, but the beneficiaries are hesitant because they believe it may not be legally required and are concerned about potential missing amendments. What are the trustee's options in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Florida
- (954) 738-9757
- View Profile
- Answered
A: In Florida, a trustee cannot refuse to administer an irrevocable trust solely because beneficiaries won’t sign an acknowledgment of receipt. While Florida law (Fla. Stat. § 736.0813) requires the trustee to provide a copy of the trust upon request, there is no legal requirement for beneficiaries to sign an acknowledgment. If the trustee is concerned about proof of delivery, they can use certified mail, email with a read receipt, or another method to document compliance. If disputes arise, the trustee may seek court guidance to clarify their obligations.
1 user found this answer helpful
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
