- If the trust is involved in a court case, the case must follow the Florida Rules of Civil Proceedings. Florida law says the trustee can sue in whichever Florida county the defendant lives in; if the suit involves two or more defendants living in different counties, the trustee can file suit in any of those counties. The trustee can also file suit in the county where the trust administration is based.
- By agreeing to serve as the trustee of a living trust created and administered under Florida law, the trustee also agrees to submit to the jurisdiction of the state's courts. If the case is brought under the Florida trust code, it falls under the circuit court for the appropriate region. Beneficiaries, even if they don't live in Florida, must also accept the state's courts have jurisdiction over any cases involving the living trust.
- Florida law obligates the trustee to administer the trust according to state law, the terms of the trust documents and the best interests of the beneficiaries. When making legal or financial decisions -- whether to sue, where to invest -- the trustee must exercise the same level of care as a prudent person would use managing her own affairs. If the trustee was asked to serve because of particular skills -- legal expertise, for example -- that includes the obligation to use those skills on behalf of the trust.
- A Florida trustee must take reasonable steps to enforce the claims of the trust and collect any money or assets the trust is due. He must also act to make sure any property belonging to the trust is turned over to his possession, whether it's in the hands of a previous trustee or some other person. If the trustee discovers a previous trustee breached his fiduciary duty to the trust, he must act to fix the problem; exceptions are if the previous trustee was also the trust creator or a trust beneficiary.
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