Advising Trustees and Personal Representatives in Boca Raton

Professional Trustee and Executor Services in Boca Raton

Clients in Boca Raton who have trust or estate questions about professional trustee and executor services can review the overview below. It explains how Trust Counsel’s lawyers may advise or represent trustees, personal representative (often called an executor) and beneficiaries, depending on the governing instrument and applicable Florida law. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries, subject to the governing instrument and applicable law. The firm itself does not serve as a fiduciary. Coral Gables is the firm’s only office. We serve clients in Boca Raton.

What Professional Trustee and Personal Representative Services Mean at Trust Counsel, PL

A professional trustee is a trustee who serves for compensation. A personal representative (often called an executor) manages a deceased person’s probate estate. What either role involves depends on the governing instrument and applicable Florida law.

Professional trustees can be individuals or companies. The Florida Office of Financial Regulation describes non-deposit trust companies that provide trustee and estate administration services. Whether a particular trustee fits that description depends on how it is organized and licensed.

Trust Counsel’s role is advice and representation. The firm does not serve as trustee or personal representative. Its attorneys can serve individually, so a named lawyer takes on that role, not the firm.

This service fits three groups. First, people named as a fiduciary who want legal guidance. Second, beneficiaries and heirs with questions about a trust or estate. Third, families planning ahead.

What the Advice Covers: Trust, Estate and Fiduciary Matters

The firm’s lawyers may advise or represent clients on the matters below, subject to the governing instrument and applicable law.

• Trust administration. Questions about trustee duties, records and distributions. The answers depend on the trust terms and Florida law.
• Probate and personal representative questions. Opening an estate, the inventory, creditor claims and court filings. The steps depend on the will and the facts.
• Trust and probate litigation. Disputes among beneficiaries, heirs or fiduciaries. Outcomes depend on the facts of each case, and no result is promised.
• Related planning. Estate tax, business succession and asset protection advice. No tax result is promised.
• Guardianship. Questions about a court-supervised decision-maker for an adult who needs one.

Trustee notice is one example. § 736.0813 describes a duty to keep qualified beneficiaries reasonably informed, though while a trust is revocable the trustee’s duties under this section extend only to the settlor. For covered trusts, it refers to notice within 60 days after acceptance. Whether and how it applies depends on the trust and its history.

Removal is another example. Under § 733.504, a personal representative may be removed for listed causes, such as wasting or maladministration of the estate. Whether a given situation meets a listed cause depends on its facts.

How the Engagement Works: Steps and Timeline

A typical path has four stages, though the details depend on the matter.

1. Free first consultation. The first meeting is confidential and carries no obligation to continue. Bring the will or trust and any court papers you have.
2. Document review. The attorney reviews the governing instrument, the assets and debts you know about, and any deadlines that may apply.
3. Scope and fee agreement. The client and attorney agree in writing on the work and the fees.
4. Advice or representation. The attorney advises or represents you. Support staff help with scheduling and documents.

Some deadlines come from statute. Under § 733.2121, notice to creditors is published once a week for 2 consecutive weeks. Under § 733.702, a claim is generally binding only if filed by the later of 3 months after first publication or, for a creditor who must be served, 30 days after service. How these periods apply depends on applicable law and the facts of each case.

No fixed timeline is promised. Length depends on the trust terms, court schedules, creditor claims and the facts. A personal representative who has completed administration except for distribution must file a final accounting and a petition for discharge that includes a plan of distribution, according to the Florida Probate Rules. The petition must also state, among other things, that the estate has been fully administered, that presented claims have been paid, settled, or otherwise disposed of, and the amount of compensation paid or to be paid and how it was determined. How these requirements apply depends on the governing instrument, applicable Florida law, and the facts of each case.

Fees, Compensation and Costs Explained

Legal fees are agreed between the client and the attorney according to the scope of the work.

• Attorney fees. Fees are agreed in writing based on the scope of work. Florida Bar Rule 4-1.5 governs fees and costs for legal services and the enforceability of fee contracts.
• Costs. Costs can include court filing fees and other charges tied to a matter. Ask about every charge before you agree to the scope.
• Personal representative compensation. Under § 733.617, a personal representative is entitled to a commission from estate assets, without court order, for ordinary services. Further compensation may be allowed as reasonable for extraordinary services. How this applies depends on the will, any court order and the facts.
• Trustee compensation. If the trust does not state compensation, § 736.0708 provides for reasonable compensation under the circumstances. The statute also limits compensation for an attorney who prepared the trust that appointed them, unless statutory exceptions or disclosures apply. Fla. Stat. § 736.0708 reads: “(4)(a) An attorney serving as a trustee, or a person related to such attorney, is not entitled to compensation for serving as a trustee if the attorney prepared or supervised the execution of the trust instrument that appointed the attorney or person related to the attorney as trustee, unless the attorney or person appointed is related to the settlor or the attorney makes the following disclosures to the settlor before the trust instrument is executed: 1.”
• The first consultation. The first consultation is free, confidential and without obligation to continue. Keeping information about a client’s matter confidential is a core principle of the lawyer-client relationship.

Why Work With Trust Counsel, PL on Professional Trustee and Executor Services

The practice concentrates in trust, estate, probate and guardianship matters, with an attorney-led approach.

• The lawyer. Leslie V. Marenco is the lawyer named on this page. Support staff assist with scheduling and document handling.
• One office. Coral Gables is the only office. The firm serves clients in Boca Raton.
• Written terms. Scope and fees are set in writing, so you know the work before it starts.
• Separate roles. ACTEC on lawyers as trustees notes that fiduciary and legal services are separate roles that may involve separate fees.
• Possible benefits. An attorney-led review may help you spot notice, deadline and record issues early. Results depend on the trust, Florida law and the facts. No outcome is promised.

Common Questions About Professional Trustees and Personal Representatives

Each answer below depends on the governing instrument, Florida law and the facts of each case.

Talk With a Trusts and Estates Attorney in Coral Gables

If you were named trustee or personal representative and aren’t sure what your document requires, a free first consultation is a direct next step. Bring the trust or will and any court papers. The attorney will explain which questions the document may answer and which need more facts. Results depend on the governing instrument, applicable law and the facts of each case. Book a free strategy call online or call (305) 707-7126 to review your situation with an attorney.