Probate Litigation Attorney in Coral Gables, Florida

If you’re looking for a probate litigation attorney, start by understanding what that work covers. Probate litigation is court work that begins when people disagree about a will, a trust or how an estate is run. This page explains the common issues in Florida, the types of lawyers involved, how fees are agreed and what to ask before you choose. Outcomes depend on the governing instrument, applicable Florida law and the facts of each case.

What Probate Litigation Means in Florida

Probate litigation is a court dispute that arises during estate administration. Estate administration is the process of settling a person’s affairs after death. According to ACTEC’s overview of probate, probate administration is a court-supervised process, and disputes may require court involvement.

Many estates move forward without a fight. A matter becomes litigation when interested persons disagree about a will, a trust, an appointment, an accounting or a fiduciary’s conduct.

Interested persons often include beneficiaries (people who receive property under the document), heirs (people who inherit under state law) and creditors (people the estate owes). A personal representative (the person who manages a probate estate, often called an executor) and a trustee (the person who manages a trust) may also be involved. Their duties depend on the governing instrument and Florida law.

What Type of Lawyer Handles Trust and Will Disputes?

A litigation-focused attorney usually handles disputes in court, while a drafting attorney usually writes the documents. The work often falls into three areas.

• Estate planning drafting covers writing wills and trusts before any dispute exists.
• Trust administration covers carrying out a trust’s terms, which may include notices and accountings.
• Probate or trust litigation covers court disputes over validity, fiduciary conduct or distribution.

A single attorney may advise on more than one stage. That depends on the matter and the attorney’s engagement terms. LTCFE’s guide to trust types explains the difference between revocable and irrevocable trusts, which can affect which stage applies.

Trust Counsel, PL focuses its practice on probate and trust litigation and related fiduciary matters. Its only office is in Coral Gables, Florida.

Matters a Probate Litigation Attorney May Address

Common matters include will contests, trust contests, fiduciary accountability disputes and creditor claims. How this applies can depend on the governing instrument, applicable Florida law and the facts of each case.

• Will contests. The proponent of a will must first establish its formal execution, as § 733.107 describes. After that, the contestant has the burden on the grounds for opposing probate. A will procured by undue influence may be void under § 732.5165. An action to contest a will may not begin before the testator’s death, under § 732.518.
• Trust contests. In a trust contest, the contestant has the burden of establishing the grounds for invalidity, under § 736.0207. Timing limits can apply, as § 736.0604 describes.
• Fiduciary accountability. A personal representative may be removed for causes such as wasting or maladministration of the estate, under § 733.504. Whether any cause applies depends on the facts.
• Creditor and distribution disputes. Claims must be filed within the periods in § 733.702. How those periods apply depends on the facts of each case.

Trust Counsel’s lawyers may advise or represent clients on these matters, subject to the governing instrument and applicable law. Some matters may need to be referred to another lawyer or firm.

How a Probate Dispute Typically Proceeds

A probate dispute usually moves through document review, evaluation, court filings if needed, and resolution. The path depends on the governing instrument and the facts of each case.

1. Document review. The lawyer reviews the will or trust, the probate or trust file and any amendments.
2. Evaluation. The lawyer discusses the parties’ positions and possible notice, demand or negotiation steps.
3. Filing. If litigation is needed, the matter is filed in the appropriate Florida court. Deadlines depend on applicable law and the facts.
4. Discovery and hearings. Steps such as document exchange, motions and hearings vary widely by case and court schedule.
5. Resolution. The matter may end by agreement, settlement or court order. Timing cannot be fixed in advance.

No timeline or result can be promised. Each step depends on the governing instrument and applicable Florida law.

How Fees Are Set for Probate Litigation Work

Fees are agreed between the client and the attorney according to the scope of the work. The scope may depend on the complexity of the dispute, the stage of the matter and the court involved.

Court filing fees, costs and other charges may be additional. The written engagement describes them.

Courts may also award fees in some cases. In actions for breach of a trustee’s duty, § 736.1004 states that the court shall award taxable costs, including attorney fees. How that applies depends on the case. § 733.106 addresses costs and attorney fees in probate proceedings, and how it applies depends on applicable law and the facts of each case.

Trust Counsel offers a free first consultation. It is confidential and carries no obligation to continue.

Discussing a Probate Litigation Matter With Trust Counsel

To discuss the type of dispute you have, contact Trust Counsel. Fees are agreed between client and attorney according to the scope of work. Questions you may wish to raise in a consultation include:

• How much of the attorney’s practice focuses on probate and trust litigation?
• Is the attorney a member of The Florida Bar, and in which states is the attorney licensed?
• Has the attorney handled this type of issue, such as a will contest or accountability matter? Ask for examples the attorney can describe.
• Is the fee arrangement explained in writing, including the scope of work and any costs?
• Who will do the work, and how do assistants and office staff support the attorney?

No attorney can guarantee a result. A careful attorney will say so.

Why Clients Work with Trust Counsel, PL

Trust Counsel, PL focuses on probate litigation, trust litigation and related fiduciary advice from its only office, in Coral Gables, Florida. Leslie V. Marenco is the attorney responsible for this page. The practice is supported by assistants and office staff.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm does not serve as a fiduciary. The firm advises and represents trustees, personal representatives and beneficiaries, subject to the governing instrument and applicable law.

Professional fiduciaries may bring administrative skills to a matter. Whether those skills help depends on applicable law and the governing instrument.

We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura, subject to the matter and the governing instrument.

Frequently Asked Questions