A trustee is a person or entity designated by a person who creates a trust (grantor, settlor, or trustor) to manage and administer the trust for the benefit of the named beneficiary or beneficiaries. The trustee of a trust created for estate planning purposes is often the grantor, settlor, or trustor who created and funded the trust.
A trust agreement may designate one or more successor trustees who will become the trustee if the previous trustee dies, is unable to continue to serve as trustee, resigns as trustee, or is removed by court order following a lawsuit filed by the beneficiary or beneficiaries of the trust.
A trustee has a fiduciary duty to the beneficiary or beneficiaries of the trust. A fiduciary duty includes the highest duty of care (performance of duties under the terms of the trust agreement) and of loyalty (avoiding conflicts of interest) recognized in law.
In Florida, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and in the best interests of the beneficiaries. The trustee's role is governed by Florida statutes, particularly the Florida Trust Code, which outlines the duties and powers of trustees. Trustees have a fiduciary duty to act with care, skill, and caution, and must avoid conflicts of interest, ensuring that their actions benefit the trust beneficiaries. They must also adhere to the specific provisions of the trust agreement. Successor trustees, as designated in the trust document, step in under circumstances such as the death, incapacity, resignation, or removal of the current trustee. Beneficiaries have the right to seek legal action to remove a trustee if they believe the trustee is not fulfilling their fiduciary duties. The Florida Trust Code provides a framework for the administration of trusts, the duties of trustees, and the rights of beneficiaries.