Trustee & Personal Representative Advice for Kendall Families

A trustee generally manages property held in a trust, and a personal representative generally administers a probate estate. Trust Counsel, PL never serves as either one. Its attorneys can serve individually as trustee or personal representative, and the firm advises and represents trustees, personal representatives and beneficiaries. If you searched for professional trustee and executor services law firm Kendall, this page explains what that advice can cover, how the work starts and how fees are agreed. What applies to you depends on the governing instrument, applicable Florida law and the facts of each case.

What Professional Trustee and Personal Representative Services Are

Professional trustee and personal representative services are attorney-supported advice for people who hold these roles or depend on them.

Florida’s probate code uses the term personal representative. Under § 733.602, a personal representative is a fiduciary who must observe the standards of care that apply to trustees. The statute also describes a duty to settle and distribute the estate under the will and the Probate Code. How those duties apply depends on the will, applicable Florida law and the facts of each case.

Florida’s definitions statute, § 731.201, defines trustee to include an original, additional, surviving or successor trustee. That is true whether or not a court appointed or confirmed the trustee.

This service may fit families with a will or trust, heirs and beneficiaries with questions about an estate, successor trustees who have taken over a trust, and business owners planning for succession.

Trust Counsel, PL never serves as a trustee or personal representative. Its attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. Whether an attorney can serve in a given matter depends on the governing instrument, applicable law and the facts of each case.

What the Service Covers

The firm’s lawyers may advise or represent clients on trust and estate administration, related litigation and planning, subject to the governing instrument and applicable law.

• Trust administration advice, including notice and accounting questions.
• Probate administration advice, including inventories, creditor claims and distributions.
• Trust and probate litigation advice for beneficiaries, heirs and fiduciaries.
• Estate tax, asset protection, guardianship and business succession planning, where a family’s situation calls for them.

Some steps follow rules set by statute. A personal representative must file a verified inventory of estate property, under § 733.604. A beneficiary may ask for a written explanation of how an inventory value was set. Under § 733.2121, the personal representative shall promptly publish a notice to creditors. Publication runs once a week for two consecutive weeks. A trustee must keep qualified beneficiaries reasonably informed under § 736.0813. How these steps apply depends on the instrument and the facts.

Matters may be referred to another lawyer or firm, depending on the governing instrument, applicable Florida law, and the facts of each case. If a referral may be appropriate given the facts of your matter, Leslie V. Marenco can discuss the reasons with you before any referral is made.

How the Engagement Works, Step by Step

The engagement can follow four steps, though the order and timing depend on your documents and the facts.

1. First consultation. The first consultation is free, confidential and carries no obligation to continue.
2. Document review. The lawyer reviews the will or trust, asset records and any court filings. The lawyer identifies the governing instrument and the Florida law that may apply.
3. Written scope. The engagement describes the advice or representation, what you are responsible for, and how fees are agreed.
4. Administration or dispute steps. Work moves forward only as the instrument, applicable law and the facts allow. It may involve the court.

Timelines depend on the court, the assets and the other parties. Deadlines also depend on applicable law and the facts of each case. For creditor claims, § 733.702 sets a period that can run to the later of 3 months after first publication of notice or 30 days after service on a creditor who must be served. Whether and how that period applies depends on the facts. The firm’s lawyers can explain how it may apply to you.

How Fees and Compensation Are Determined

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

Florida’s reasonableness test for legal fees appears in Rule 4-1.5. That rule says the test applies to all types of legal fees and related contracts.

A fiduciary’s pay is a separate question from legal fees. Whether a lawyer may be compensated for serving as a trustee or personal representative depends on the governing instrument, applicable Florida law, court order, and the facts of each case.

• Personal representative. § 733.617 provides a commission for ordinary services, based on the estate’s compensable value. On petition of an interested person, the court may increase or decrease it.
• Trustee. If the trust does not set the trustee’s compensation, § 736.0708 entitles the trustee to reasonable compensation under the circumstances.
• Attorney named as trustee. Section 736.0708(4) sets conditions on compensation for an attorney who prepared the trust naming that attorney, unless its exceptions or required disclosures apply.

Whether any entitlement applies depends on the governing instrument, applicable law, any court order and the facts of each case.

Filing fees, court costs, appraisal fees and other third-party charges can be owed in addition to attorney fees. The stated consultation terms cover the first consultation only.

Why Families in Kendall Consider Trust Counsel, PL

We serve clients in Kendall. The firm’s only office is in Coral Gables.

• Practice focus. The firm focuses on probate litigation, trust litigation, trust administration, estate planning, asset protection, guardianship and business succession.
• Responsible lawyer. Leslie V. Marenco is the lawyer responsible for this page. The firm also has support staff, including assistants and office staff, who handle administrative work.
• Professional fiduciaries. A professional trustee may bring organized administration and an attorney-supported process. Whether that helps depends on the governing instrument, applicable law and the facts of each case.

This page does not describe past results. Results depend on each matter’s own instrument, law and facts.

Frequently Asked Questions

Short answers follow. Each one depends on your documents, applicable Florida law and the facts of your case.

Take the Next Step: Book Your Free Strategy Call

If you’ve been asked to serve as a trustee or personal representative, or a trust or estate in your family is already in administration, the next step is a free strategy call. The first consultation is free, confidential and carries no obligation to continue. Call (305) 707-7126 or schedule online.