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Liability of Co-Trustees: An Analysis of Florida Law

May 9, 2023

Co-trustees play a vital role in managing and administering trusts. They hold a fiduciary duty to act in the best interests of the trust and its beneficiaries. However, when multiple individuals serve as co-trustees, questions often arise about their individual and joint responsibilities, and the potential liability they might face. In this article, we will examine the liability of co-trustees under Florida law, focusing on key aspects of trust litigation and the legal responsibilities of co-trustees. Under Florida law, an innocent co-trustee is generally not liable for a breach of fiduciary duty committed by another co-trustee, unless the innocent co-trustee failed to participate in the administration of the trust or failed to attempt to prevent the breach.

Introduction to Co-Trustees

A trustee is a person or entity appointed to manage and administer the assets of a trust on behalf of the beneficiaries. Co-trustees are two or more trustees who serve together in the administration of a trust. Under Florida law, co-trustees share the responsibility of managing the trust and making decisions in the best interests of the beneficiaries.

Fiduciary Duties of Co-Trustees

As fiduciaries, co-trustees owe certain duties to the trust and its beneficiaries. These duties include, but are not limited to:

  1. Duty of loyalty: Co-trustees must act solely in the best interests of the trust and its beneficiaries, avoiding conflicts of interest and self-dealing.
  2. Duty of care: Co-trustees must exercise reasonable care, skill, and caution when managing the trust’s assets and making decisions.
  3. Duty to account: Co-trustees must provide regular and accurate reports to beneficiaries regarding the trust’s administration and financial status.
  4. Duty to act impartially: Co-trustees must treat all beneficiaries fairly and without favoritism, even when the beneficiaries have different interests.
  5. Duty to cooperate: Co-trustees must work together and communicate effectively to ensure the proper administration of the trust.

Liability of Co-Trustees

Under Florida law, co-trustees can be held liable for any breach of their fiduciary duties, which can result in significant financial consequences. The liability of co-trustees can be divided into three main categories:

  1. Joint liability: Co-trustees are generally jointly liable for their actions and decisions, meaning that each co-trustee can be held responsible for the full amount of damages resulting from a breach of duty. This is true even if one co-trustee was not directly involved in the breach, as long as they participated in the decision or were aware of the breach and did not take action to remedy it.

  2. Several liability: In some cases, co-trustees may be held separately liable for their individual breaches of duty. This may occur when one co-trustee acts independently of the others and causes harm to the trust or its beneficiaries.

  3. Liability for the acts of another co-trustee: Co-trustees can also be held liable for the actions of another co-trustee if they knew or should have known about the other co-trustee’s breach of duty and failed to take reasonable steps to prevent or remedy the breach. This can include situations where a co-trustee was negligent in their oversight or failed to properly communicate with the other co-trustees.

In the case of Anton v. Anton, 815 So. 2d 768 (Fla. 4th DCA 2002), the Florida Fourth District Court of Appeal addressed the issue of co-trustee liability in the context of a family trust dispute. In this case, two brothers, David and Peter Anton, were named as co-trustees of a trust created by their father. After their father’s death, a dispute arose between the brothers regarding the administration of the trust, with each brother accusing the other of breaching their fiduciary duties as co-trustees.

The trial court found that both brothers had breached their fiduciary duties in various ways and held them both liable for damages. However, the appellate court reversed the trial court’s decision in part, finding that while Peter had indeed breached his fiduciary duties, David had not. The appellate court held that a co-trustee could only be held liable for the actions of another co-trustee if the non-breaching co-trustee had actual knowledge of the breach and failed to take reasonable steps to prevent or remedy it.

Appellant, as a trustee, was under a duty to administer the trust diligently for the benefit of the beneficiary. § 737.301, Florida Statutes (1995). Where there are several trustees, each is under a duty to participate fully in the administration of the trust. Brent v. Smathers, 547 So.2d 683 (Fla. 3d DCA 1989). One trustee who delegates to another the administration of a trust breaches the duties of a trustee. Id. Ball v. Mills, 376 So.2d 1174 (Fla. 1st DCA 1979)(co-trustees are required to “maintain an attitude of vigilant concern”

Anton, 815 So. 2d at 769. Applying the principles from Anton v. Anton to the above discussion on co-trustee liability, it is clear that under Florida law, co-trustees are not automatically liable for the breaches of their fellow co-trustees. Instead, liability will only arise when the non-breaching co-trustee knew or should have known of the other co-trustee’s breach of duty and fails to take reasonable steps to prevent or remedy the breach. This case highlights the importance of co-trustees staying informed about their fellow co-trustees’ actions and taking appropriate action when they become aware of any potential breaches of fiduciary duty.

Defenses and Limitations

Co-trustees facing liability for breaches of their fiduciary duties can assert certain defenses and limitations under Florida law. These may include:

Understanding the liability of co-trustees under Florida law is crucial for both trustees and beneficiaries. Co-trustees must be aware of their legal responsibilities and potential liability, while beneficiaries should be vigilant in monitoring the actions of co-trustees to ensure their rights and interests are protected.

If you are a co-trustee, beneficiary, or otherwise involved in a trust matter in Florida and have questions or concerns about co-trustee liability, trust litigation, or your legal rights, it is important to consult with an experienced attorney. The team at Zoecklein Law is dedicated to helping clients navigate the complexities of trust administration and litigation in Florida. Call us today at 813-501-5071 for a free consultation to discuss your specific situation and learn how we can help you.

You may also be interested in these related articles on trusts and trust litigation:

  1. Understanding Florida Trust Law: An Overview
  2. Trust Litigation in Florida: Causes, Remedies, and Strategies
  3. The Role of a Trustee in Florida: Duties and Responsibilities
  4. Revocable vs. Irrevocable Trusts: What’s the Difference?
  5. Protecting Your Assets: The Benefits of a Florida Asset Protection Trust