Where the beneficiary in question is refusing to accept their share of the estate, the personal representatives have two options. §736.0103(16) provides a definition for a qualified beneficiary: “‘Qualified. However, if the trustee possesses special skills or expertise, the trustee shall use those special skills in administration. §736.0801 contains the duty to administer the trust in good faith. Beneficiaries Who Are Not Subject to the Annual Visit Limitation The following beneficiaries are exempt from the annual visit limitation: Beneficiaries under the age of 21 Beneficiaries enrolled in a Community Alternatives Program (CAP) Pregnant beneficiaries who are receiving prenatal and pregnancy-related services Requesting an ExceptionFla. In this course, the experienced attorneys at Albertson & Davidson will discuss a trustee's failure to make. The best approach is to take court action and submit a petition to remove the trustee.
Basically, If the trustee misappropriated trust funds, used the trust funds for their own benefit and without the approval of the beneficiaries. Tort (excluding personal injury, libel and slander where the time limit is reduced to three years): six years commencing, in most cases, on the date of damage (with provision to extend where the claimant did not have the necessary knowledge of the material facts of the damage, up to a maximum of 15 years).
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