Probate litigation for beneficiaries, heirs and fiduciaries

Probate Litigation for Trust Disputes in Coral Gables

Beneficiaries and heirs facing a trust dispute can contact Trust Counsel, PL at its Coral Gables office, and we serve clients in Fort Lauderdale. Trust disputes arise when beneficiaries question a fiduciary’s decisions, when fiduciaries disagree about how a trust is run, or when trust terms are unclear or allegedly violated. If you are a beneficiary, heir or fiduciary in Fort Lauderdale facing a dispute over trust assets, distributions or fiduciary conduct, you need a trust litigation attorney who can explain your options.

Trust Counsel, PL represents beneficiaries, heirs and fiduciaries in trust litigation in Fort Lauderdale and the surrounding area. The firm advises and represents trustees, personal representatives and beneficiaries. Disputes may be resolved through negotiation, mediation or court action.

Trust Disputes in Fort Lauderdale: When You Need a Probate Litigation Attorney

Families in Fort Lauderdale and high-net-worth individuals may face disputes over asset distribution, trustee fees, investment decisions or alleged self-dealing. These conflicts can strain family relationships and delay distributions for months or years. Early legal advice can clarify your rights, explain your options and help you decide whether litigation, a settlement or another approach best fits your interests.

Common triggers for trust litigation include:

• A beneficiary believes a fiduciary has breached its duties or acted in its own interest
• Distributions have been delayed or denied without a clear explanation
• Co-fiduciaries disagree about trust administration or investment strategy
• A beneficiary questions whether a trust amendment was valid or was made under undue influence
• A fiduciary faces beneficiary claims and needs legal defense

Trust Litigation Matters We Handle

A trust litigation attorney represents clients on both sides of trust disputes. We handle:

Beneficiary representation. We represent beneficiaries who challenge fiduciary conduct, seek to enforce trust terms, or pursue claims for breach of fiduciary duty. We help you understand your rights under Florida law and pursue claims for mismanaged or misappropriated trust assets.

Fiduciary defense. The firm advises trustees and personal representatives on their duties and defends them against breach claims. We help fiduciaries understand their obligations and respond to beneficiary challenges.

Trust interpretation disputes. We address disagreements over what trust language means, how assets should be valued and how distributions should be calculated.

Breach of fiduciary duty claims. We address allegations of self-dealing (a fiduciary favoring itself over beneficiaries), conflicts of interest, mismanagement, or failure to account for trust assets. Under § 733.609, a personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from a breach of that duty. Breach claims can lead to litigation and personal liability.

Fiduciary removal actions. We ask the court to remove a fiduciary, or we defend a fiduciary against removal claims. For a personal representative, Florida law lists removal causes, such as wasting or maladministration of the estate (§ 733.504).

Settlement negotiation and mediation. We work toward resolution before or during litigation, helping parties avoid the cost and delay of trial.

Trust Counsel, PL’s Approach to Fort Lauderdale Trust Disputes

We represent beneficiaries, heirs and fiduciaries in trust disputes in Broward County and South Florida. Our approach is to match the strategy to the dispute, whether that means negotiation, mediation or litigation.

Clients in Fort Lauderdale. We serve clients in Fort Lauderdale and Broward County.

Both sides of the dispute. We represent beneficiaries, heirs and fiduciaries. This helps us explain both sides of trust disputes and discuss the range of options with you.

Complex and high-net-worth trusts. We advise on multigenerational trusts, trusts that hold business interests and international family structures.

Strategic dispute advice. We advise whether litigation, mediation or negotiation best serves your interests, rather than going straight to court. Sometimes a letter or settlement conference resolves a conflict faster and at less cost than trial.

Attorney contact. Leslie V. Marenco is the attorney responsible for this page. The practice also has assistants and office staff who support the attorney.

Common Trust Disputes in the Fort Lauderdale Area

Removal or replacement of fiduciaries. A beneficiary or co-fiduciary files a petition with the court to remove a fiduciary due to alleged misconduct, incapacity or conflict of interest.

Distribution disputes. Beneficiaries disagree with a fiduciary’s decision to withhold, delay or reduce a distribution. The fiduciary may claim discretion under the trust; the beneficiary may claim the fiduciary acted arbitrarily or in bad faith.

Co-fiduciary conflicts. When a trust names multiple fiduciaries, disagreements over investment decisions, distributions or administration can stall the trust and delay payments to beneficiaries.

Undue influence or fraud claims. A beneficiary alleges that a trust amendment was obtained through undue influence or fraud, or that the fiduciary exerted improper pressure on the settlor (the person who created the trust). Trust contests have timing rules. Under § 736.0207, an action to contest a revocable trust generally may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death, although the guardian of the property of an incapacitated settlor is not barred from bringing such an action. 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.

Investment disputes. Beneficiaries claim a fiduciary made imprudent or unauthorized investment decisions that harmed trust assets.

Trustee accounting disputes. A fiduciary does not provide a clear accounting of trust assets, income and distributions, or a beneficiary disputes the accounting as inaccurate or incomplete. Under § 736.1008, claims for breach of trust based on matters adequately disclosed in a trust disclosure document must be commenced within 6 months after receipt from the trustee or a trust director of the trust disclosure document or a limitation notice that applies to that disclosure document, whichever is received later, unless sooner barred.

Self-dealing claims. A beneficiary alleges that a fiduciary favored itself over other beneficiaries, bought trust assets at unfair prices, or engaged in transactions that benefited the fiduciary at the trust’s expense.

Where We Serve Clients

Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale and Broward County.

When to Contact a Trust Litigation Attorney

Contact us if:

• You believe a fiduciary has breached its duties or acted in its own interest
• You are a fiduciary facing beneficiary claims and need legal defense
• Trust distributions have been delayed or denied without a clear explanation
• You disagree with co-fiduciaries about trust administration or investment decisions
• You question the validity of a trust amendment or the fiduciary’s authority
• You need guidance on your rights as a beneficiary or fiduciary

Frequently Asked Questions

If you are concerned about a fiduciary’s decisions, or you are defending a fiduciary against beneficiary claims, we are here to help. Families and fiduciaries in Fort Lauderdale face these disputes every day. Your first consultation is free, confidential, and carries no obligation to continue. Book a free strategy call or call (305) 707-7126 to discuss your situation and explore your options.