In Higendorf v. Estate of Coleman, the court held that absent a claim of fiduciary duty, there is no duty to provide accountings for a contingent beneficiary of a revocable trust during the settlor’s lifetime. In this case, prior to the settlor’s death, a qualified beneficiary and successor trustee were appointed representatives of the estate. Ultimately, the qualified beneficiary filed suit against the successor trustee for pre-death accountings from the trust without asserting a claim for breach of fiduciary duty. However, pre-death accountings are not required by a revocable trust. The court concluded that the trust’s terms gave authority to compel the trustee to render accountings while the trust is revocable. This decision seems to allow breach challenges to obtain pre-death accountings when the trust is revocable.
See Brian Spiro, Are Pre-Death Accountings Available in Breach Action Against Trustee When Trust Was Revocable?, Florida Probate Lawyers, November 22, 2016.
