Probate Litigation Guidance for Aventura Families

We serve clients in Aventura. Probate litigation may involve court disputes over an estate after a death, and the outcome depends on the governing instrument, applicable law and the facts of each case. Probate litigation is a contested court case that arises from an estate, a will, or how a fiduciary handles estate property. Families in Aventura and across Florida face these disputes when a will is questioned, a creditor makes a claim, or an heir asks for an accounting. This guide offers general information about these matters. Trust Counsel’s attorney, Leslie V. Marenco, may advise or represent clients, depending on the governing instrument, applicable law and the facts of each case. Rights, deadlines and remedies depend on the governing instrument, applicable Florida law, and the facts of each case.

What Probate Litigation Covers for Aventura Families

Probate litigation is a court case that starts from a person’s estate after death. It often begins when an heir or beneficiary disagrees with how the estate is being handled.

Common examples include a challenge to a will’s validity, a claim made against the estate, and a dispute over a personal representative’s conduct. A personal representative is the person who manages the estate’s affairs in probate. Heirs are people who inherit under Florida law when there is no valid will. Beneficiaries receive property under a will or trust.

Many families first notice a problem when a document arrives. It might be a notice, an inventory, or a request for records about a parent’s accounts. A question that seems small can grow into a court dispute if the family cannot agree.

Leslie V. Marenco may advise and represent heirs, beneficiaries and fiduciaries in these matters, depending on the governing instrument, applicable law and the facts of each case. The firm itself does not run or resolve a case. Whether a claim exists depends on the governing instrument, applicable Florida law, and the facts of each case. For a wider view of the practice area, read our probate litigation attorney guide.

How the Florida Probate Process Generally Works

Florida probate generally moves through several steps, but the order and timing depend on the will and the facts of the estate.

First, the court is asked to open the estate and appoint a personal representative. Next, the personal representative gives notice to interested persons. Florida law treats the personal representative as an interested person in any proceeding that affects the estate or a beneficiary’s rights (Fla. Stat. § 731.201).

After notice, the estate usually moves to an inventory of assets, a review of creditor claims, and then distribution. Creditor claims have a limited window. Under Fla. Stat. § 733.702, a claim is generally binding only if filed in the probate proceeding by the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service. The statute also limits when the court can extend that time. How it applies depends on applicable law and the facts of each case.

Not every estate follows this path. A simple estate may move quickly, while a contested one may take longer. Our guide to personal representative requirements in Florida covers appointment rules. Whether a particular person qualifies depends on applicable law and the facts of each case.

Common Disputes That Reach Litigation in Aventura

Will challenges, capacity or undue influence claims, will-versus-trust conflicts, and requests for an accounting can all reach a Florida court. Whether any of them applies depends on the documents, the evidence, and Florida law.

Timing rules differ by document. A will contest generally cannot begin until the testator has died (Fla. Stat. § 732.518). In a will contest, the proponent generally must first establish the will’s formal execution and attestation. After that, the contestant generally must prove the grounds for opposing probate (Fla. Stat. § 733.107). Undue influence presumptions can shift that burden in some situations, depending on the relationship and the facts.

A trust contest follows its own path. In an action to contest a trust’s validity, the contestant generally must establish the grounds for invalidity (Fla. Stat. § 736.0207). A challenge to a revocable trust generally waits until the trust becomes irrevocable by its terms or the settlor dies.

Objection windows can be short. Under Fla. Stat. § 733.212, an objection to a will’s validity, venue, or the court’s jurisdiction generally must be filed within 3 months after service of the notice of administration. The statute allows extension only on narrow grounds. Early review of documents and dates may matter in some cases, depending on the facts and applicable law.

Ancillary Probate for Non-Residents With Florida Property

A non-resident who leaves property in Florida may need a Florida proceeding, depending on the asset and the will. Ancillary administration is the Florida process for assets located here when the person lived elsewhere.

If a nonresident dies leaving assets in Florida, a personal representative specifically designated in the will to administer the Florida property may be able to seek ancillary letters, if qualified to act in Florida, depending on the governing will, applicable Florida law, and the facts of each case. If no one is designated that way, the statute sets an order of preference. Who is appointed depends on the will, the facts, and whether that person qualifies.

Notice and claim rules can also apply in an ancillary case. How they apply depends on applicable law and the facts of each case.

Heirs in Aventura may own property in more than one state or country. That can raise questions about which proceeding covers which asset. The answer depends on where each asset is located and on the governing documents. Our page on what type of lawyer handles trusts and wills can help you think through which kind of attorney fits your question.

How Trust Counsel’s Attorney May Advise and Represent Clients

Trust Counsel’s attorney, Leslie V. Marenco, may advise or represent trustees, personal representatives and beneficiaries in probate and trust matters, depending on the governing instrument, applicable law and the facts of each case. The firm advises and represents trustees, personal representatives and beneficiaries, and the firm’s focus is probate litigation and trust litigation.

Trust Counsel, PL does not serve as trustee, personal representative or any other fiduciary. Trust Counsel’s attorneys can serve individually as trustee or personal representative. Whether an attorney serves in an individual role depends on the governing instrument, applicable law, and the facts of each case.

Leslie V. Marenco may advise or represent clients in a dispute, subject to the governing instrument and applicable law. If a matter will be referred to another lawyer or firm, the firm will say so. Florida’s advertising rule 4-7.12 requires that statement when a referral is planned.

How Legal Fees and Costs Are Determined

Fees are agreed between the client and the attorney according to the scope of the work. The written agreement should explain the fee basis and any costs the client may owe. Florida’s fee rule 4-1.5 recognizes that more than one fee basis can apply, so the terms depend on the agreement and the matter.

Costs can include court filing fees, and the engagement terms should list them. In probate proceedings, § 733.106(1) says costs may be awarded as in chancery actions. Whether costs or attorney fees are awarded depends on the circumstances of the proceeding.

A personal representative’s compensation follows a separate rule. Under § 733.617(1), a personal representative shall be entitled to a commission from estate assets without court order for ordinary services. Whether that entitlement applies, and in what amount, depends on the governing instrument, applicable law, court order, and the facts of each case. The court may increase or decrease compensation on petition of an interested person.

Our probate lawyer fee guide explains how the amount depends on the scope of the matter. This page does not list rates, retainers, or price ranges.

Working With Trust Counsel From the Coral Gables Office

Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Aventura and elsewhere in Florida, including Miami-Dade County.

The firm’s only office is in Coral Gables, and we serve clients in Aventura. Clients in Aventura can contact the Coral Gables office to discuss a matter. Florida’s advertising rule 4-7.12 requires advertisements to name the city of a bona fide office, and this page names Coral Gables for that reason.

Whether the firm represents you depends on the facts of your matter, the governing instrument, applicable law, and whether the firm accepts the matter.

Book a Strategy Call About Your Probate Dispute

If you have received a notice of administration, a demand for an accounting, or a creditor claim, a free strategy call can help you understand your next step. You may be questioning a will, a Florida property left by a parent who lived out of state, or a request to see the estate’s records.

A strategy call is a short conversation about your situation. Speaking with the firm does not create an attorney-client relationship until a written engagement is signed. Any fee for later work is agreed according to the scope of the work.

Reach out today: book a free strategy call, call (305) 707-7126, or schedule online through the same contact page, and describe the notice or dispute you are facing.