Probate and Trust Litigation for Pinecrest Families

Professional Trustee and Executor Services Pinecrest

Probate litigation attorney in Pinecrest: your options

This guide covers probate and trust disputes that Pinecrest families may face, and the firm advises and represents trustees, personal representatives (often called an executor) and beneficiaries. Probate litigation is a court dispute over an estate, a will or a trust. Trust Counsel, PL is a Coral Gables firm that focuses on probate and trust litigation. We serve clients in Pinecrest from our Coral Gables office. The guide covers common issues, deadlines to check, how fees are set and what to bring to a call.

What probate litigation covers for Pinecrest families

Probate litigation covers disputes that reach a court during estate administration. Common examples include challenging a will, a complaint about a personal representative’s conduct, a claim against the estate and a disagreement over an accounting.

What you can do, and how a court handles it, turns on the governing will or trust, current Florida law and the facts of your case. Two families with similar disputes can face different paths.

Trust Counsel’s attorneys focus on probate and trust litigation. 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 hold either role.

For more on this work, see our probate litigation attorney page.

Common grounds for contesting wills and trusts

Contesting a will or a trust can raise questions of capacity, fraud, duress, mistake or undue influence. Whether any of these applies depends on the document and the facts of each case.

These grounds can affect whether a will is valid. The rest of the will may still stand if it is not invalid for other reasons.

Who must prove what in a will contest follows a set sequence. The proponent must first prove formal execution and attestation. The contestant then must prove the grounds against admission. How that sequence plays out turns on the facts.

Trust contests follow their own rules. In general, the person challenging a trust has to prove the grounds for invalidity. Timing matters, so review dates early.

Start with your documents. Gather the will, any trust and its amendments, and beneficiary designations. For trust disputes, see our trust litigation attorney page.

Issues that can arise in a Florida estate with Pinecrest ties

Estate disputes can center on asset values, the timing of distributions, accountings and creditor claims. These issues can arise in an estate with ties to Pinecrest, but they are not limited to any one city.

Beneficiaries can request information. Under § 733.604, a beneficiary can ask the personal representative in writing for an explanation of how an inventory value was set. The scope depends on the beneficiary’s category.

Under § 733.602, a personal representative is a fiduciary who must observe the standards of care that apply to trustees. How far that duty reaches depends on the will, Florida law and the facts.

Under § 733.617, a personal representative is entitled to a commission from estate assets, without a court order, for ordinary services. The same statute allows further reasonable compensation for extraordinary services, such as the sale of real or personal property. Any amount depends on the statute, the will, court orders and the facts.

Professionals can serve as fiduciaries. For that role, see our professional trustee and executor services page.

How deadlines and time limits work in estate disputes

Florida sets several deadlines. How each one applies depends on the notices you received and the facts of your case.

Under § 733.710, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries are liable for any claim or cause of action against the decedent, except as provided in that section. Under § 733.710, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.

A trust claim has its own limit. Under § 736.1008, a beneficiary is generally barred from bringing an action against a trustee for a matter adequately disclosed in a trust disclosure document unless the proceeding is commenced within 6 months after receipt of that document or a limitation notice, whichever is received later.

Whether a missed deadline affects a claim turns on the governing instrument, the statute, the notices you received and the facts. Bring notices, court papers and key dates to the consultation. An early review can help organize your options.

How a probate litigation matter is usually handled

A probate matter usually moves through document review, analysis of options and then negotiation or court action. The order depends on the governing instrument, the applicable law and the facts of each case.

Trust Counsel’s attorneys can advise or represent clients on these steps:

• Review the will, the trust and related documents
• Evaluate the governing instrument and Florida law
• Weigh options, which can include negotiation or mediation where available
• File or respond to a court action, if needed

Useful documents often include the following:

• The will and any codicil
• Any trust and its amendments
• The death certificate
• Letters, notices of administration or creditor notices you received
• Any inventory or accounting you have seen

How probate litigation fees are set

Fees are agreed between the client and the attorney based on the scope of the work. Your fee depends on what the matter requires.

Several factors shape that scope. These include the complexity of the issues, the number of parties, whether the matter is contested, and any court proceedings that may be needed.

Costs can be separate from attorney fees. Court filing fees and other court-related costs may apply. Review the written fee agreement before deciding how to proceed.

Your first consultation is free, confidential and comes with no obligation to continue.

How to prepare for a strategy call about your Pinecrest matter

A strategy call goes best when you bring the right documents and a clear timeline. The call helps you understand your options.

Bring these items to the call:

• The will, the trust and any amendments
• A timeline of key dates, such as the death, notices and filings
• The names and roles of everyone involved, including beneficiaries, the personal representative and any trustee
• Any court papers, inventory or accounting

Ask the attorney how fees are agreed for your scope of work. Ask which deadlines may apply to your facts and how. If your matter may be referred to another lawyer or firm, the attorney will tell you.

Quick answers

How long do you have to contest a will? Timing rules apply, and they turn on the notices you receive and the facts of your case. See the deadlines section above.

Who must prove what in a will contest? Who must prove what turns on the grounds raised and the facts of the case.

How much does a probate litigation attorney cost? Fees are agreed between you and the attorney based on the scope of the work. Court costs may be separate.

Can a personal representative be removed? Removal is decided by a court and turns on the facts of the case.

Talk with Trust Counsel about your estate dispute in Pinecrest

If a will or a personal representative’s accounting concerns you, Trust Counsel’s attorneys can review your documents with you. Call (305) 707-7126 or schedule online to book a strategy call. The firm responsible for this page is Trust Counsel, PL, with its office in Coral Gables, Florida.