Loune-Djenia Askew, Esq.
Nov 10, 2025
A trustee plays a critical role in managing a trust — they are legally obligated to handle the trust’s assets for the benefit of the beneficiaries. When a trustee takes trust property for personal use or mismanages funds, they can face serious legal consequences, including being sued for theft.
A trustee plays a critical role in managing a trust — they are legally obligated to handle the trust’s assets for the benefit of the beneficiaries. When a trustee takes trust property for personal use or mismanages funds, they can face serious legal consequences, including being sued for theft.
Breach of Fiduciary Duty
Trustees have a fiduciary duty to act in the best interest of the beneficiaries at all times. This means they must manage the trust’s assets honestly, prudently, and solely for the benefit of the trust. When a trustee takes money or property from the trust for personal gain, it’s a clear breach of that duty. Beneficiaries have the right to take legal action to hold the trustee accountable.
Civil Theft Statute in Florida
Under Florida’s civil theft statute, beneficiaries can sue a trustee who wrongfully takes trust property. This type of lawsuit allows the beneficiary to recover not just the stolen amount, but potentially additional damages — including up to triple the value of what was taken — as well as attorney’s fees and court costs.
Criminal Liability
A trustee who steals from a trust can also face criminal charges, such as embezzlement or misappropriation. These crimes carry severe penalties, including restitution, fines, and possible jail time. In these cases, both civil and criminal actions can occur simultaneously since they are separate legal processes.
What Beneficiaries Can Do
If you suspect a trustee has stolen or misused trust assets, there are important steps you can take to protect your rights:
Seek Legal Counsel: It’s essential to consult an experienced trust litigation attorney. Suing for civil theft or breach of fiduciary duty requires strong evidence and careful legal strategy.
Gather Evidence: Collect financial documents, bank statements, or correspondence that indicate misuse or missing trust funds.
File a Lawsuit: With your attorney’s help, you can file a lawsuit to recover damages and remove the trustee if necessary.
Important Considerations
“Defalcation”: Florida courts often use this term when a trustee improperly takes trust property.
Proving Civil Theft: You must show clear and convincing evidence that the trustee wrongfully took trust assets — a high but achievable standard with the right legal support.
Civil vs. Criminal Actions: Beneficiaries can pursue both civil remedies (to recover losses) and criminal charges (to hold the trustee accountable).
In short: Trustees are held to one of the highest standards under the law. If they steal or misuse trust assets, beneficiaries have powerful legal options to recover what’s rightfully theirs — and to ensure justice is served.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.