Probate litigation in Coral Gables, handled with clear, careful counsel

Probate Litigation Attorney in Coral Gables | Trust Counsel

Probate litigation is court work that resolves a dispute over a decedent’s estate, a trust or a fiduciary’s conduct. Trust Counsel, PL is a probate litigation law firm in Coral Gables that focuses on trust and estate disputes. We serve clients in Fort Lauderdale. This page explains what the work covers, the disputes that lead to it, the steps and deadlines involved, and how fees are described.

What Probate Litigation Covers for Fort Lauderdale Families

Probate litigation is the court side of estate work. It handles disputes that routine administration can’t settle on its own.

Routine administration moves through paperwork and filings. A dispute changes that. When heirs, beneficiaries, trustees or creditors disagree, the matter can end up in court. The ACTEC estate settlement guide explains that disputes among beneficiaries, family members or creditors can lead to court involvement.

A probate litigator represents one side of the dispute. That may mean a beneficiary challenging a fiduciary, a trustee defending a decision, or an heir protecting a share. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

Common Disputes That Lead to Probate Litigation

Most matters start with a dispute over a will, a trust, a fiduciary’s conduct or a claim against the estate.

• Will validity. Under Fla. Stat. § 732.5165, a will is void if its execution was procured by fraud, duress, mistake or undue influence. Only the affected part is void if the rest is not invalid for other reasons.
• Burden of proof. Under Fla. Stat. § 733.107, the will’s proponent must first establish its formal execution and attestation. The person contesting the will then must prove the grounds for opposing probate. The undue influence presumption shifts the burden of proof in transactions involving a fiduciary or confidential relationship.
• Breach of fiduciary duty. Under Fla. Stat. § 733.609, a personal representative’s duty is the same as a trustee’s. A personal representative is liable to interested persons for loss caused by a breach.
• Inventories and accountings. Under Fla. Stat. § 733.604, a personal representative must file a verified inventory. A trustee has duties to keep qualified beneficiaries reasonably informed and to account to them, subject to exceptions under Florida law.
• Creditor claims. Under Fla. Stat. § 733.705, the personal representative must pay claims within 1 year after first publication of notice to creditors. The time is extended for claims in litigation.

How a Probate Litigation Matter Works, Step by Step

A matter usually moves through five stages. Deadlines run alongside them, so start early.

1. First consultation. You describe the dispute, the people involved and the documents you have.
2. Document review. The attorney reviews the will, trust instruments, accountings, beneficiary designations and court filings.
3. Options. Paths can include a demand letter, negotiation, mediation or court action. You decide how to proceed.
4. Court steps. Filings follow the Florida court that handles the matter. The timeline varies with the court and the facts.
5. Resolution. The matter ends with settlement terms, a court order or the distribution of assets.

Deadlines come first in most disputes. Under Fla. Stat. § 733.212, an interested person served with a notice of administration must object to a will’s validity within 3 months after service. The period can be extended only for estoppel based on a misstatement by the personal representative.

For a trust that was revocable at the settlor’s death, Fla. Stat. § 736.0604 bars a contest not commenced within the earlier of the chapter 95 period or six months after the trustee sends a copy of the trust instrument and a required notice.

How Probate Litigation Fees Are Described

Fees come up at the first consultation, before you decide whether to continue.

The firm offers a free first consultation, which is confidential and carries no obligation to continue.

Under Fla. Stat. § 733.617, a personal representative may take a commission from estate assets without court order for ordinary services. The commission is based on the compensable value of the probate estate.

Other costs can apply, such as court filing fees and fees for outside professionals who review records. Ask how fees and costs are billed at the first consultation.

Why Work With Trust Counsel for a Fort Lauderdale Probate Dispute

Trust Counsel, PL is a probate litigation law firm that focuses on trust and estate disputes from its Coral Gables office. It serves clients in Fort Lauderdale.

• One office. The firm’s only office is in Coral Gables.
• The attorney. Leslie V. Marenco is the attorney responsible for this page. Support staff assist with case organization and client communication.
• Both sides of disputes. The firm advises and represents trustees, personal representatives and beneficiaries. The work covers heirs, beneficiaries and fiduciaries alike.
• Fiduciary roles. Trust Counsel’s attorneys can serve individually as trustee or personal representative.
• Focus. The firm concentrates in trust and estate litigation. It also handles trust administration and guardianship matters.

Each matter turns on its own documents and facts. The first review is where those facts get sorted out.

Frequently Asked Questions About Probate Litigation in Florida

Short answers to common questions about probate litigation.

Probate Litigation: We Serve Clients in Fort Lauderdale

If a will is under challenge, a trustee has gone quiet, or a creditor claim arrived during administration, the deadlines may already be running. Call (305) 707-7126 or schedule online to book your first consultation with Leslie V. Marenco.