When a trustee stops returning calls, refuses to share financial information, or seems to treat estate assets like their own, beneficiaries often feel a mix of anger and helplessness. Family tension may already be high, and every unexplained delay or vague excuse can make you wonder if your inheritance is slipping away. Those instincts matter, but it can be hard to tell from the outside whether what you are seeing in a Naples estate is truly misconduct or just messy administration.
In Florida, trustees and personal representatives do not have unlimited power, even if they act like they do. They owe strict fiduciary duties to the people who depend on them, and courts in Collier and Lee County regularly deal with situations where those duties have been ignored. The challenge for most beneficiaries is separating normal, if frustrating, probate delays from conduct that crosses the legal line and calls for action.
Our attorneys at The Law Office of Conrad Willkomm, P.A. have spent more than twenty years guiding families through probate, trust administration, and related real estate issues in Naples and Ft. Myers. We have seen how quickly a misbehaving trustee can damage an estate, and we have also seen how targeted steps, taken early, can protect beneficiaries’ rights. In this guide, we share how to recognize estate trustee misconduct in Naples and what you can realistically do about it.
What Trustee Misconduct Looks Like in Naples Estates
Trustees and personal representatives in Florida hold significant power over money and property that belong to other people. With that power comes a fiduciary duty, which is a legal obligation to put the interests of the beneficiaries and the estate ahead of their own. In practical terms, this means they must follow the terms of the will or trust, manage assets carefully, avoid conflicts of interest, and keep beneficiaries reasonably informed about what is happening.
Real misconduct starts when those duties are ignored. Classic examples include using estate bank accounts to pay the trustee’s personal bills, transferring Naples real estate into the trustee’s name without paying fair value, or making loans from the trust to a business the trustee owns. It can also look like a trustee who simply refuses to follow the distribution instructions in the will, for example, continuing to hold cash or property that should have been distributed long ago, without a valid reason.
At the same time, not every unpleasant experience with a trustee qualifies as misconduct. Probate and trust administration often move more slowly than beneficiaries expect, especially when there are properties to sell in Naples or Ft. Myers, tax issues to resolve, or disputes between family members. A delay in selling a house because a buyer backed out, or a conservative investment choice that earns less than hoped, may be frustrating but still within the trustee’s discretion if handled in good faith.
Over the years, we have been asked to review many situations that felt wrong to a beneficiary but did not meet the legal threshold for a breach. The difference often comes down to whether the trustee acted prudently, documented their decisions, and followed the governing document, even if the outcome was not ideal. Our role is frequently to identify which side of that line a particular trustee’s behavior falls on and to explain that in clear language to our clients.
Early Warning Signs Your Trustee May Be Crossing the Line
Misconduct rarely starts with a dramatic act. More often, it begins with smaller warning signs that something is not right. One of the first red flags is a pattern of poor communication. A trustee who occasionally misses a call is not unusual. A trustee who consistently ignores emails, refuses to answer basic questions, or tells different beneficiaries different stories about the same asset may be trying to avoid scrutiny.
Another early sign is vague or incomplete financial information. For example, a trustee might say everything is fine but never provide bank statements, brokerage statements, or any written accounting. In a Naples estate that includes a house or condo, you might learn that the property was rented out or sold, but you are not given a closing statement, lease, or any explanation of how the price was determined. That kind of opacity makes it difficult to know whether the estate is being managed prudently.
Local real estate transactions can reveal misconduct when you look closely. Suppose a trustee sells a Naples property quickly to a friend or business associate, at a price that seems far below what similar homes in the neighborhood command. If they cannot demonstrate that the sale was properly marketed and that the price reflected fair market value, a court may view that as self-dealing or a breach of the duty to obtain a reasonable return for the beneficiaries.
There are also more urgent red flags that call for immediate attention. Large, unexplained withdrawals from estate accounts, changes in title on property records that shift assets into the trustee’s name, or the disappearance of items of significant value can be signs that the trustee is treating estate property as their own. In Ft. Myers and Naples, where estates often include valuable waterfront or investment properties, even one questionable transaction can have a major impact on the value of the estate.
Steps to Take Before You Go to Court
Once you start seeing warning signs, the instinct to run straight to court can be strong. In many cases, your position is stronger if you take a few organized steps first. One of the most useful things you can do early on is to gather and preserve information. Save every email, letter, and text message related to the estate. Keep copies of account statements, property tax bills, listing agreements, closing statements, and any inventories the trustee has provided. Create a simple timeline that notes major events and what you were told at each stage.
The next step is usually a clear written request for information or an accounting. Under Florida law, beneficiaries are generally entitled to be kept reasonably informed about the administration of a trust or estate. A good request is specific and calm. It identifies you as a beneficiary, states that you are seeking information to understand how the estate is being managed, and lists the documents or details you want, such as bank statements for particular accounts over a defined period, a list of estate assets and liabilities, or details of any sales of Naples or Ft. Myers property.
Sending this request by certified mail or another trackable method is often helpful, because it creates a record of what you asked for and when. You may also choose to send a copy by email if that has been your usual communication channel with the trustee. While it can be tempting to accuse the trustee of misconduct in the letter, that often backfires. A factual, non-accusatory tone keeps the focus on the information you need and can later show the court that you acted reasonably.
In some families, a direct conversation or mediated meeting can clear up misunderstandings before they turn into litigation. For example, the trustee may have been overwhelmed by the complexity of a Naples estate that includes multiple properties and investment accounts and may welcome help in putting their records in order. In other cases, especially where you already suspect self-dealing or dishonesty, trying to resolve things informally may give the trustee more time to move assets around. We frequently review these situations during a free consultation so beneficiaries can choose the approach that best protects their interests.
Using Florida Probate Courts to Hold a Trustee Accountable
If reasonable written requests are ignored or the information you receive suggests real harm to the estate, the next step is to consider formal action in court. In Florida, beneficiaries can file petitions in the appropriate probate court, usually in the county where the estate is being administered, such as Collier County for a Naples estate or Lee County for a Ft. Myers estate. These petitions ask the court to use its authority to enforce the trustee’s duties.
One common request is a petition to compel an accounting or to require the trustee to provide specific information. In that type of proceeding, the court typically reviews what has and has not been provided, and if it finds that the trustee has failed to keep proper records or share them, it can order a detailed accounting by a certain date. This step alone often reveals whether funds have been misapplied, investments have been managed prudently, or real estate transactions were made at fair value.
In more serious situations, beneficiaries may ask the court to suspend or remove the trustee or personal representative. These cases are usually fact-intensive. Judges tend to look for patterns of neglect, self-dealing, or dishonesty rather than a single minor mistake. Evidence such as repeated refusal to provide information, clear conflicts of interest, documented misappropriation of funds, or a consistent failure to follow the terms of the will or trust can support removal. The court may also consider whether a less drastic remedy, such as limiting the trustee’s powers, is appropriate.
When misconduct has caused financial harm, beneficiaries may seek what is known as a surcharge. This is a court order requiring the trustee to repay losses to the estate out of their own pocket. For example, if a trustee sells a Naples condo far below a reasonable market value to a relative and cannot show that the price was justified, they may be held responsible for the difference. These cases often involve careful analysis of transactions and values, including real estate appraisals and financial records.
Our team regularly appears in the probate courts in Naples and Ft. Myers, so we are familiar with how local judges tend to evaluate these requests. Courts generally do not remove a trustee or impose a surcharge based on family disagreement alone. They focus on documented conduct and its impact on the estate. Understanding that focus helps us present the strongest possible record for beneficiaries who need the court’s help.
How Courts in Naples Distinguish Mistakes from Misconduct
One of the most frustrating realities for beneficiaries is that not every bad outcome leads to court intervention. Florida law expects trustees to act as prudent fiduciaries, not as guarantors of perfect results. Judges in Collier and Lee County typically evaluate a trustee’s choices based on the information and options the trustee had at the time, not with the benefit of hindsight.
Consider a situation where a trustee sells a Ft. Myers rental property after getting multiple opinions that the local market is soft, then later prices rise sharply. Even if beneficiaries feel that waiting would have produced more money, a court might view the sale as a reasonable decision if the trustee can show that they gathered information, considered offers, and documented their reasoning. That is likely to be treated as a good faith judgment call rather than misconduct.
Now compare that to a Naples estate in which the trustee sells a valuable waterfront home to a business partner without getting an appraisal or listing the property publicly. If the sale price looks significantly below what similar homes bring and the trustee cannot prove that the transaction was fair, a court may find a breach of fiduciary duty. The contrast shows how much weight judges place on process, transparency, and conflicts of interest.
Courts also recognize that family dynamics can complicate administration. A trustee might be slow to respond because they are overwhelmed, or a beneficiary might flood the trustee with demands that are beyond what the law requires. In these gray areas, judges often try to restore communication by ordering an accounting, setting deadlines, or clarifying expectations rather than jumping directly to removal. Our experience allows us to explain to clients which concerns are likely to resonate with a judge and which are more about family tension than legal wrongdoing.
Protecting Your Inheritance While the Dispute Plays Out
Once you suspect real misconduct, your top concern is usually preventing further damage. Even if a court ultimately agrees that the trustee crossed the line, that decision will not matter much if most of the estate has already been dissipated. Thoughtful interim steps can reduce that risk while the situation is being investigated or litigated.
In some cases, beneficiaries can ask the court to temporarily limit the trustee’s powers. For example, a petition might request that the trustee be barred from selling real estate, making large distributions, or borrowing against estate assets without prior court approval. Judges often reserve these types of restrictions for cases where there is concrete evidence of misuse, but when granted, they can stabilize the estate while an accounting or removal request is considered.
Outside the courtroom, monitoring tools can also help. Keeping an eye on public property records in Collier and Lee County can alert you to unexpected transfers of homes or vacant land. Regularly reviewing whatever financial statements you receive, and comparing them against your own notes, can make it easier to spot discrepancies. If your written requests for detailed statements are ignored, that silence itself is useful evidence that the trustee is not honoring their obligations.
There is always a balance to strike between moving quickly and escalating every disagreement. Aggressive litigation over every minor issue can exhaust the estate with legal fees and permanently damage family relationships. On the other hand, waiting too long to act when serious misconduct is occurring can make it harder to recover missing funds or reverse problematic transactions. Because we handle probate, trust, real estate, and business issues together, we are used to helping clients in Naples and Ft. Myers weigh these competing concerns and choose a strategy that protects both assets and peace of mind as much as possible. In addition to these dispute-resolution strategies, comprehensive estate planning can help reduce the risk of future conflicts.
When to Get Legal Help With Estate Trustee Misconduct in Naples
Deciding when to bring in a lawyer is not always obvious. As a general rule, if your clear written requests for information go unanswered, if you see signs of self-dealing, or if you can document significant unexplained losses, it is time to have an attorney review the situation. It is also wise to get advice before confronting the trustee in a way that might push them to hide or move assets.
You can make that first conversation more productive by gathering certain documents ahead of time. These usually include a copy of the will or trust, any amendments, inventories or accountings you have received, bank or brokerage statements, deeds or closing documents for any Naples or Ft. Myers properties that have been sold, and your written requests to the trustee. A short timeline you have created, listing key events and communications, is also extremely helpful.
At The Law Office of Conrad Willkomm, P.A., we use a free consultation to understand both the financial facts and the family dynamics surrounding the estate. We review the documents you bring, ask questions about the trustee’s decisions, and explain how Florida probate courts typically handle similar patterns of behavior. Sometimes we advise clients that what they are seeing is poor communication rather than misconduct. Other times, we outline options that range from targeted information requests to petitions for accounting, limitations on the trustee’s powers, or removal and surcharge.
Our attorneys bring more than two decades of experience across probate, trust administration, real estate, and business law, which is particularly valuable in Southwest Florida estates that involve complex properties or closely held companies. We also offer services in Spanish, Russian, and Creole, so families throughout Naples and Ft. Myers can discuss sensitive issues in the language they are most comfortable with. Whatever your background, our goal is to give you a clear picture of your rights and realistic options for protecting them.
Talk With a Naples Probate Attorney About Trustee Misconduct
Living with doubts about a trustee’s conduct can be exhausting, especially when you feel responsible for protecting your share of the estate and possibly other family members as well. Understanding what truly counts as misconduct under Florida law, and what the probate courts in Naples and Ft. Myers can do about it, is the first step toward regaining control. Once you see the pattern clearly, you can move from worrying privately to taking measured, effective action.
Every estate and family situation is different, so the best way to know where you stand is to have a knowledgeable probate attorney review your specific facts and documents. If you are seeing the warning signs described here in a Naples or Southwest Florida estate, we invite you to contact The Law Office of Conrad Willkomm, P.A. for a free, confidential consultation about your options.