Clear Counsel for Probate Disputes in Coral Gables

Probate Litigation Law Firm Pinecrest | Trust Counsel, PL

Probate litigation can involve a court dispute over how a deceased person’s estate or trust is handled, depending on the governing instrument, applicable Florida law and the facts of each case. Trust Counsel, PL is a probate litigation law firm Pinecrest residents can contact from its only office in Coral Gables. Leslie V. Marenco may advise or represent heirs, beneficiaries, creditors and fiduciaries, depending on the governing will or trust, Florida law, and the facts of each case. This page explains what that work covers, how the process usually starts, and how to reach the firm. We serve clients in Pinecrest.

What Probate Litigation Covers and Who It Is For

Whether a matter becomes a contested court proceeding over the administration of an estate or trust after a death depends on the governing instrument, applicable Florida law and the facts of each case. It can involve a will, a trust, or the conduct of the person who manages the assets. The scope depends on the governing instrument, Florida law, and the facts of each case.

This work often matters to:

• Heirs and beneficiaries who question a will, a trust, or how assets are being handled. Court opinions on trust disputes can show how courts have construed these rights.
• Creditors who are owed money by an estate.
• Personal representatives (often called executors) who need advice on their duties.
• Trustees who need advice on their duties under a trust.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a fiduciary.

The practice focuses on probate and trust litigation, along with related estate planning and trust administration matters.

Matters on Which Clients May Seek Advice or Representation

Disputes of this kind may begin with a document, a payment, or a decision someone questions, depending on the governing instrument, applicable law and the facts of each case. Each matter type below depends on the governing instrument, applicable Florida law, and the facts of each case.

• Will contests. A will contest challenges whether a will is valid. Under Fla. Stat. § 732.518, an action to contest a will may not be commenced before the testator’s death. Under Fla. Stat. § 733.107, the proponent must first establish formal execution and attestation. Who bears the burden of proof in a challenge to probate depends on the governing instrument, applicable law and the facts of each case. Under Fla. Stat. § 733.107(2), a presumption of undue influence may shift the burden of proof in certain transactions.
• Trust contests. A trust contest challenges whether a trust is valid. Under Fla. Stat. § 736.0207, the contestant may have the burden of establishing the grounds for invalidity, depending on the governing instrument, applicable law and the facts of each case. Under Fla. Stat. § 736.0207(2), a challenge to a revocable trust generally cannot be commenced until the trust becomes irrevocable by its terms or by the settlor’s death, but exceptions apply, such as an action by the guardian of the property of an incapacitated settlor. How the rule applies depends on the governing instrument, applicable law and the facts of each case.
• Breach of fiduciary duty. Under Fla. Stat. § 733.609, a personal representative’s fiduciary duties may be similar to a trustee’s duties under an express trust, depending on the governing instrument, applicable Florida law and the facts of each case. A personal representative may be liable to interested persons for loss from a breach. Whether particular conduct is a breach depends on the facts and governing law.
• Accountings and information. Under Fla. Stat. § 736.0813, a trustee may be required to provide a copy of the trust instrument to qualified beneficiaries upon reasonable request, depending on the governing trust instrument, applicable Florida law and the facts of each case. Under Fla. Stat. § 733.604, a beneficiary may request in writing how an estate inventory value was determined.
• Removal of a fiduciary. Under Fla. Stat. § 733.504, a personal representative may be removed for causes that include maladministration or wasting of the estate. Under Fla. Stat. § 736.0706, a court may remove a trustee for a serious breach of trust, among other grounds.
• Creditor claims. Under Fla. Stat. § 733.702, a claim against an estate is generally binding only if filed in the probate proceeding within the time the statute sets. Under § 733.702(3), the court may extend that time in cases involving fraud, estoppel or insufficient notice, depending on applicable law and the facts of each case. How that time applies depends on the notice to creditors and the facts of each case.

How the Process Works: From First Call to Filing

The process usually starts with a conversation about your documents and your concerns. Each later step depends on the governing instrument, applicable law, and the facts of each case.

1. First consultation. The first consultation is free, confidential, and without obligation to continue. You can talk through your questions and what has happened so far.
2. Record review. Depending on the matter, an attorney at Trust Counsel may review the documents, court papers, and any accountings, subject to the governing instrument, applicable law and the facts of each case. How long this takes depends on how many records there are.
3. Options discussion. Options may include a demand letter, negotiation, mediation, or a filing in the appropriate Florida court. Each path depends on the facts and applicable law.
4. Engagement. Fees are agreed between client and attorney according to the scope of work.

Bring the will or trust, any letters or notices you received, and any accountings or inventories you have. Dates matter, so write down when you received each document.

Timing may depend on the governing instrument, applicable law, the complexity of the dispute, and the facts of each case. No timeline is promised here.

Attorney Leslie V. Marenco and the Coral Gables Office

Leslie V. Marenco is the lawyer responsible for this page. The practice is one lawyer, supported by assistants and office staff. Client legal work on this page is attributed to Leslie V. Marenco.

Our only office is in Coral Gables. We serve clients in Pinecrest from that office.

The practice focuses on probate and trust litigation. It also covers related estate planning and trust administration questions. The firm does not serve as personal representative or trustee, and its attorneys can serve individually in those roles.

Questions Readers Ask Before Hiring a Probate Litigation Attorney

Fees are agreed between client and attorney according to the scope of work. This page does not state rates, retainers, or market ranges.

Under Fla. Stat. § 733.106, an attorney who has rendered services to an estate may be awarded reasonable compensation from the estate. The court may decide from what part of the estate those costs are paid. Whether that applies depends on the case.

Is a lawsuit always needed? No. Some disputes are resolved without litigation, and others require court action. The answer depends on the governing instrument, applicable law, and the facts of each case.

How soon must you act? Deadlines depend on applicable law and the facts of each case. Some time limits run from specific events, so it’s wise to ask about timing early.

Does early advice prevent disputes? It may help you understand your options. Results depend on the governing instrument, applicable law, and the facts of each case.

Frequently Asked Questions

Talk With Trust Counsel About Your Estate Dispute

If a will, a trust, or a personal representative’s or trustee’s handling of assets has you wondering where you stand, you don’t have to sort it out alone. Call (305) 707-7126 or schedule online to book your free strategy call. The first consultation is confidential and without obligation to continue. This is attorney advertising.