Loune-Djenia Askew, Esq.
Oct 27, 2025
Trustees play a critical role in managing the assets of a trust, ensuring they are used for the benefit of the beneficiaries. However, when a trustee abuses that power—such as taking trust property for personal use or mismanaging funds—it can lead to serious legal consequences. In Florida, a trustee of a revocable trust can be sued for civil theft and even grand theft under certain circumstances.
Trustees play a critical role in managing the assets of a trust, ensuring they are used for the benefit of the beneficiaries. However, when a trustee abuses that power—such as taking trust property for personal use or mismanaging funds—it can lead to serious legal consequences. In Florida, a trustee of a revocable trust can be sued for civil theft and even grand theft under certain circumstances.
What Is Civil Theft Under Florida Law?
Florida’s civil theft statute, found in Florida Statute §772.11, allows victims to sue someone who has wrongfully taken their property. To win a civil theft claim, the plaintiff must prove that the defendant knowingly obtained or used another person’s property with the felonious intent to steal—meaning they intentionally tried to deprive someone of their rightful property.
Before filing a lawsuit, the claimant must send a written demand for payment. If the accused pays the amount owed (or a minimum of $200) within 30 days, they are released from further liability. If they fail to comply, the claimant can proceed with a lawsuit.
If successful, the plaintiff may recover:
Treble damages (three times the actual damages)
A minimum of $200
Attorney’s fees and court costs
However, civil theft claims require clear and convincing evidence, which is a higher standard of proof than most civil cases.
Can a Trustee Be Sued for Civil Theft?
Yes. A trustee can be sued for civil theft if they knowingly take trust assets for their own benefit. Trustees are legally obligated to act in the best interests of the beneficiaries. Taking trust property for personal gain, hiding assets, or misusing funds is a breach of fiduciary duty and may also meet the elements of civil theft or even grand theft if the value of the property is high enough.
A trustee who engages in such conduct could face:
Civil penalties, including treble damages under Florida’s civil theft law
Criminal penalties, such as felony theft charges, if the act meets the criteria for grand theft
Naming the Correct Party in a Lawsuit
When suing over misconduct involving a trust, it’s important to correctly name the party in interest. In Florida, a trust itself cannot be sued because it’s not a legal entity—the proper party is usually the trustee, either in their individual capacity or as trustee of the trust.
Failing to name the correct party can lead to procedural problems or even the dismissal of the case. For example, if you sue the trustee personally but not in their role as trustee, the court may find that you lack standing to recover trust assets.
Steps for Beneficiaries Who Suspect Theft or Misuse
If you believe a trustee has stolen or misused trust funds, you should:
Gather evidence. Collect trust statements, financial records, or communications that suggest wrongdoing.
Consult an attorney. Civil theft cases require strong evidence and precise legal procedures. An experienced Florida trust litigation attorney can help you build your case.
File a lawsuit if necessary. Your attorney can help file claims for breach of fiduciary duty, civil theft, and possibly request the trustee’s removal.
Civil vs. Criminal Theft
It’s important to understand the difference between civil theft and grand theft.
Civil theft is a civil remedy that allows for financial recovery through the courts.
Grand theft is a criminal charge brought by the state when someone intentionally steals property of significant value.
In some cases, both can apply—a trustee may face a civil lawsuit from beneficiaries and criminal charges from the state for the same misconduct.
A trustee of a revocable trust in Florida can absolutely be sued—and even criminally charged—if they misuse trust assets. Civil theft claims offer a way for beneficiaries to recover damages, while criminal theft prosecutions hold the wrongdoer accountable.
If you suspect that a trustee has taken property from a trust or misused funds, don’t wait. Consult an experienced Florida trust litigation attorney who can help you investigate the situation, file the necessary claims, and protect your rights as a beneficiary.
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.