Probate Litigation Help for Heirs, Beneficiaries and Fiduciaries in Coral Gables

We serve clients in Key Biscayne from our only office, in Coral Gables, on probate litigation matters. Trust Counsel, PL is a trusts and estates law firm with one office in Coral Gables, and we serve clients in Key Biscayne. This page explains what probate litigation covers, who it applies to, and how a matter may move. Outcomes depend on the governing instrument, applicable Florida law, and the facts of each case.

What Probate Litigation Covers in Florida

Probate litigation can involve a dispute over an estate that goes to court or may lead to a lawsuit, depending on the governing instrument, applicable Florida law and the facts of each case. It differs from routine estate administration, which may or may not involve a dispute, depending on the governing instrument, applicable Florida law and the facts of each case. Depending on the governing instrument, applicable Florida law and the facts of each case, a dispute may begin when someone questions a will, a fiduciary’s conduct, a creditor claim, or a distribution.

How Florida’s estate statutes apply depends on the governing instrument, applicable Florida law, and the facts of each case. Trust litigation may center on the terms of a trust instrument, and some matters involve both probate and trust issues, depending on the governing instrument, applicable Florida law, and the facts of each case.

Trust Counsel’s attorney, Leslie V. Marenco, may advise or represent heirs, beneficiaries and fiduciaries, depending on the governing instrument, applicable Florida law and the facts of each case. The firm concentrates in trusts and estates matters. Each matter is reviewed on its own documents and facts.

Common Probate Disputes the Firm Advises On

Common disputes include will contests, questions about a personal representative’s conduct, creditor claims, and disagreements among heirs. Each one depends on the governing instrument, Florida law, and the facts.

• Will contests. Under Fla. Stat. § 732.5165, if fraud, duress, mistake, or undue influence procured the execution of a will, the will or the part procured by that conduct may be void, while the remainder may still be valid, depending on applicable Florida law and the facts of each case. Under Fla. Stat. § 733.107, and depending on applicable Florida law and the facts of each case, the proponent must first make a prima facie showing of formal execution and attestation, after which the contestant bears the burden of establishing the grounds on which probate is opposed. Where a presumption of undue influence applies, the statute treats it as a presumption shifting the burden of proof under Florida’s Evidence Code, depending on applicable Florida law and the facts of each case. Under Fla. Stat. § 732.518, a will contest may not begin before the testator’s death.
• Personal representative conduct. Whether a personal representative may be removed, and on what grounds such as wasting or maladministration of the estate, depends on the governing will, applicable Florida law and the facts of each case. If you have concerns about how a trustee or personal representative is carrying out the role, attorney Leslie V. Marenco can review the documents and circumstances with you and discuss possible options.
• Claims against the estate. Under Fla. Stat. § 733.702, a claim generally must be filed in the probate proceeding by the later of 3 months after first publication of the notice to creditors, or 30 days after service on a creditor who must be served. The court may extend that period only on limited grounds. How this applies depends on applicable law and the facts of each case.
• Fiduciary duty. Under Fla. Stat. § 733.609, a personal representative’s fiduciary duty is the same as a trustee’s duty under an express trust. A personal representative may be liable to interested persons for loss from a breach. Whether that applies depends on the instrument, the law, and the facts.

How a Probate Litigation Matter May Proceed

A matter often starts with a consultation, then a document review, then a choice among options. The order can change with the instrument, applicable Florida law, and the facts of each case.

1. Free initial consultation. The first consultation is free, confidential, and carries no obligation to continue. Bring the will or trust and any court papers you have.
2. Document review. A lawyer may review the will or trust, inventories, and accountings. Under Fla. Stat. § 733.604, a beneficiary may ask the personal representative in writing how an inventory value was determined.
3. Options review. Depending on the facts, options may include a demand letter, negotiation, mediation, or a court filing.
4. Next phase. Timing may depend on the governing instrument, applicable Florida law, the facts of each case, and the parties’ positions. No timeline or result can be promised.

Timing matters in trust disputes. Under Fla. Stat. § 736.0604, a contest to a trust that was revocable at the settlor’s death may be barred if not started within the applicable period, which depends on Florida law and the facts of each case, including whether a trustee has sent a copy of the trust and a notice. How that applies depends on the facts of each case.

Who Probate Litigation Is For

Probate litigation may matter to heirs, beneficiaries, personal representatives, and trustees who face a dispute. Whether a person has rights or duties depends on the governing instrument and Florida law.

• Heirs and beneficiaries who question a will, a distribution, or a fiduciary’s action.
• Personal representatives and trustees who need advice about duties, reporting, or a challenge to their conduct.
• Families in blended or complex situations where an estate plan may be questioned.

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 serve as a fiduciary.

Florida law also sets disclosure rules for attorneys who serve under documents they prepared. Under Fla. Stat. § 733.617 and Fla. Stat. § 736.0708, compensation may be barred in some cases unless required disclosures were made. Missing the written acknowledgment does not by itself disqualify a fiduciary from serving.

Why Work With Trust Counsel, PL

Trust Counsel, PL is a trusts and estates law firm that concentrates in probate and trust matters, with its only office in Coral Gables.

• Practice focus. The practice covers probate litigation, trust litigation, trust administration, guardianship, and estate planning.
• Responsible lawyer. Leslie V. Marenco is the lawyer responsible for this practice and page. Assistants and office staff support the practice.
• Location. The office is in Coral Gables. We serve clients in Key Biscayne.
• Fees. Fees are agreed between client and attorney according to the scope of work.
• No promises. This page does not report past results. Each matter depends on its facts, and no outcome is promised.

Fees, Costs, and What to Ask Before You Decide

Fees are agreed between client and attorney according to the scope of work. Costs, such as court filing fees, depend on the matter. Ask for a written explanation of costs before you agree to any work.

Fiduciary pay follows its own rules. Under Fla. Stat. § 733.617, a personal representative may take a commission from estate assets without court order for ordinary services. The court may increase or decrease it on petition, depending on the facts. Under Fla. Stat. § 736.0708, a trustee whose trust is silent on pay may be entitled to reasonable compensation under the circumstances.

Bring your will, trust, letters of administration, court filings, and correspondence to the consultation. Useful questions include:

• What is included in the scope of work?
• What steps are likely, and in what order?
• Who pays which costs?
• How could the matter change as facts develop?

Frequently Asked Questions