Probate Litigation Guidance for West Palm Beach Families

Probate litigation is a contested dispute about a will, a trust, or an estate. Looking for a probate litigation law firm West Palm Beach residents can work with? This page explains what that work covers and how it may proceed. Trust Counsel, PL has one office, in Coral Gables, and we serve clients in West Palm Beach. Our attorney may advise or represent heirs, beneficiaries, creditors, and fiduciaries. What applies depends on the governing will or trust, Florida law, and the facts of each case.

What Probate Litigation Covers and Who It Helps

Probate litigation covers disputes that arise when people disagree about a will, a trust, or how an estate is handled. Whether routine estate paperwork proceeds without opposition depends on the governing instrument, applicable Florida law and the facts of each case. Whether a dispute begins, and how it begins, likewise depends on those facts.

Heirs and beneficiaries may ask what a will or trust says and whether it is valid, and the answer depends on the governing instrument, applicable Florida law and the facts of each case. Creditors may hold claims against an estate. Personal representatives (the people charged with managing an estate) and trustees may need advice about their duties. Each group may need different guidance, depending on the governing instrument and Florida law.

Our attorney can serve individually as trustee or personal representative, depending on the governing instrument and applicable Florida law. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a personal representative or trustee.

Matters on Which Our Attorney May Advise or Represent Clients

Trust Counsel’s attorney may advise or represent clients in the following kinds of matters.

• Will contests. Under Fla. Stat. § 733.107, the proponent of a will first must establish formal execution and attestation. The person contesting probate then carries the burden on the grounds for the challenge. How this applies depends on the document and the facts.
• Trust contests. Under Fla. Stat. § 736.0207, a person contesting a trust must establish the grounds for invalidity. When a challenge to a revocable trust may begin depends on the governing trust instrument, applicable Florida law, including the settlor’s death, and the facts of each case.
• Creditor claims. Under Fla. Stat. § 733.702, a claim against an estate may need to be filed in the probate proceeding within the statute’s periods, and how those periods apply depends on applicable law, including extensions and other limits, and the facts of each case. Those periods can depend on when notice to creditors was first published or when a creditor was served.
• Personal representative and trustee disputes. Under Fla. Stat. § 733.504, a personal representative may be removed for listed causes, including failure to account for the sale of property or to produce and exhibit estate assets when required. Under Fla. Stat. § 736.0813, a trustee’s duty to keep qualified beneficiaries reasonably informed depends on the governing trust instrument, applicable Florida law and the facts of each case. How either applies depends on the document, the facts, and the court.
• Inventories and accountings. Under Fla. Stat. § 733.604, a personal representative generally must file a verified inventory unless one was already filed, depending on the governing instrument, applicable Florida law and the facts of each case. Beneficiaries may request a written explanation of inventory values.
• Guardianship overlap. A family dispute about a guardianship may overlap with an estate or trust matter. The overlap depends on the facts.

How a Probate Litigation Matter May Proceed

A matter may start with a free initial consultation. The steps after that depend on the facts of each case.

1. Initial consultation. The initial consultation is free, confidential, and carries no obligation to continue. Bring the will or trust, any notices you received, and a list of the people involved.
2. Document review. Depending on the governing instrument, applicable law and the facts of each case, the attorney may review the instruments and the estate’s records, including any inventory or accounting.
3. Assessment. The attorney identifies the issues and options. The options depend on the governing instrument and applicable Florida law.
4. Discussion or filings. Parties may talk before any court filing. Whether a filing is needed depends on the facts.
5. Court proceedings. If court involvement is needed, timing varies with the case, the court’s calendar, and the parties’ positions.

Some deadlines run on short schedules, so an early review helps you see which ones may apply to your facts. Timelines aren’t fixed, and no particular result or length of time can be promised.

How Fees and Costs Are Determined

Fees are agreed between client and attorney according to the scope of work. The scope depends on the complexity of the dispute, the number of parties, the documents involved, and how much court involvement is expected.

Clients may also owe costs outside the attorney’s fee. These can include filing fees, service costs, and appraisal or other professional fees. Ask that these be explained during the engagement discussion, before work begins.

Courts can also award costs and fees in some cases. Under Fla. Stat. § 736.1004, in actions for breach of fiduciary duty or challenges to a trustee’s powers, the statute says the court shall award taxable costs, including attorney fees. Whether that applies depends on the facts and the court’s findings. Under Fla. Stat. § 733.106, in probate proceedings costs may be awarded as in chancery actions.

Whether a lawyer who also serves as a fiduciary may receive compensation for that role depends on the governing instrument, applicable Florida law, any court order, and the facts of each case. Fiduciary and legal services may be separate roles that involve separate fees, depending on the governing instrument, applicable Florida law, and the facts of each case. Ask about the fee structure at your consultation, and the attorney will explain how it applies to your matter.

Why Clients Work With Trust Counsel

Trust Counsel, PL concentrates in trusts and estates work. The firm’s services include:

• Probate litigation and trust litigation
• Trust administration advice
• Estate planning and estate tax planning
• Business succession planning and asset protection
• Guardianship matters
• Advice for professional trustees and personal representatives

Leslie V. Marenco is the lawyer responsible for this page. Support staff, including assistants and office staff, handle scheduling and document organization. Legal advice comes from Leslie V. Marenco.

Coral Gables is the firm’s only office. We serve clients in West Palm Beach. Some matters may be referred to another lawyer or firm, depending on the facts. A professional fiduciary may bring administrative skill to a matter, depending on the governing instrument and applicable law.

Common Questions About Probate Litigation in Florida

Talk With Leslie V. Marenco About Your West Palm Beach Matter

If a contested will, a trust accounting, or a creditor claim has you unsure where you stand, you don’t have to sort it out alone. Call (305) 707-7126 or schedule online to book a free, confidential initial consultation with Leslie V. Marenco. The consultation carries no obligation to continue. Any advice depends on the governing will or trust, applicable Florida law, and the facts of your situation.