Probate Litigation Help for Aventura Families

Families who need a probate litigation attorney Aventura often start with one question: who runs the trust or the estate?

A trustee administers a trust. A personal representative (often called an executor) administers a probate estate. Both roles carry duties to the people they serve. This page explains the professional trustee and personal representative roles and what each involves day to day.

Aventura families may face these roles in one of three ways. A parent’s trust names a trustee. A will names a personal representative. Or a relative has died and left property that now must be administered.

We serve clients in Aventura from our only office, in Coral Gables. Leslie V. Marenco is the responsible lawyer for this page. The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not act in either role.

Knowing these roles early helps you ask better questions and see what each person must do.

Trust and estate decisions Aventura families face

Who can serve as trustee or personal representative?

Common choices are a family member, a trusted friend, an attorney serving individually, or a professional fiduciary. Each choice has advantages and drawbacks to weigh.

Florida law sets out who may qualify to serve as personal representative.

Professional fiduciary companies are a separate category from individuals.

The corporate option is limited. The firm does not act as trustee or personal representative. Trust Counsel’s attorneys can serve individually.

Choosing the right person depends on the facts. The size of the estate, family dynamics and the complexity of administration all matter.

What a trustee or personal representative actually does

A trustee manages trust property for the beneficiaries. A personal representative settles an estate under the will and Florida law.

A personal representative owes the same fiduciary duty as a trustee of an express trust, and is liable to interested persons for damage or loss from a breach of that duty (§ 733.609).

A trustee’s duties are set by the trust’s terms and Florida law.

At the start, the work often includes taking inventory of the estate’s property.

Day-to-day work includes protecting property, paying valid debts and taxes, communicating with beneficiaries and distributing property as the document directs. Florida law lists causes for removing a personal representative, including wasting or maladministration of the estate (§ 733.504).

Accountings and beneficiary rights in Florida

Beneficiaries have a real right to information about the trust. Whether a trustee must give an accounting depends on the trust’s terms and on whether the trust is revocable or irrevocable.

An action to contest the validity of a revocable trust, or the revocation of part of one, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death (§ 736.0207). If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This does not prohibit such an action by the guardian of the property of an incapacitated settlor.

Estate accountings work differently. If a trustee or personal representative will not share information, the firm’s probate and trust litigation attorneys handle disputes of that kind.

How professional fiduciary fees are set in Florida

Fiduciary compensation in Florida follows Florida law and the terms of the will or trust. Each fee question needs its own answer.

Florida law allows a court to award reasonable compensation from an estate to any attorney who has rendered services to it (§ 733.106).

Ask for an explanation of how each fee is set, and get the answer in writing.

Florida probate and trust matters for Aventura residents

A trust is administered under its own terms. A probate estate is handled through the court. How property is titled often determines which path applies. The facts of each case matter.

Families who need a professional trustee or personal representative in Aventura often start with this question. We serve clients in Aventura. The firm’s only office is in Coral Gables.

Talk to Trust Counsel about your trust or estate in Aventura

If you have a trust or a will in hand, start with the firm’s free first consultation. It is confidential and carries no obligation to continue.

Perhaps a parent’s trust now names a trustee. Perhaps a will names a personal representative for property in Aventura. In either case, the next decision is who acts and what that person must do. Call (305) 707-7126 or contact the Coral Gables office through our contact page.