What type of lawyer works with trusts?

What type of lawyer works with trusts?

What type of lawyer works with trusts? The short answer is that the lawyer is usually named by the job. Some lawyers help create a trust. Others advise a trustee, handle a trust after it is set up, or represent a beneficiary in a dispute. This page sorts those roles so you can see which kind of help fits your question. Florida law and the trust document itself shape each role. These labels are a starting point, not a rule.

What type of lawyer works with trusts, and what is a trust lawyer called?

“Trust lawyer” is everyday language, not a formal title. Florida lawyers who work with trusts are usually described by the matter they handle, such as estate planning, trust administration, trust litigation or probate litigation. The right label depends on what you need and on the governing trust instrument and applicable Florida law.

Trust Counsel, PL is a law firm in Coral Gables, Florida. Leslie V. Marenco focuses on probate, trust, guardianship and fiduciary matters. Leslie V. Marenco is the lawyer responsible for the content of this page.

Types of lawyers who work with trusts

Each kind of lawyer below handles a different part of trust work. These labels describe typical work. They are not titles the law requires.

• Estate planning attorney. May help draft a trust alongside a will and related documents. A trust is created only if, among other requirements, the settlor has capacity and indicates an intent to create it (Fla. Stat. § 736.0402).
• Trust administration attorney. May advise a trustee on running a trust after it is in place. The steps depend on the governing trust instrument and Florida law.
• Trust litigation and probate litigation attorneys. May represent beneficiaries, heirs or fiduciaries when a trust or estate dispute arises. The options available in a given matter depend on the trust terms and Florida law.
• Estate tax planning, business succession and asset protection attorneys. May address how a trust fits into tax planning, business ownership and asset planning for business owners and families.
• Guardianship attorney. May advise when a family’s planning overlaps with a guardianship supervised by a court.

Florida law and the governing instrument decide which tasks fall to which role. A single matter may involve more than one kind of lawyer.

What a trust lawyer may do at each stage

A trust lawyer may help at three stages: setting up a trust, running it, and handling a disagreement about it. What each step involves depends on the governing trust instrument and Florida law.

When a trust is set up, a lawyer may help define the settlor’s goals, draft the trust terms, and line up the trust with a will and beneficiary designations. Assets may need to be retitled or moved into the trust.

Once a trust is running, a trustee may need to keep clear and accurate records. The trustee may also need to keep trust property separate from the trustee’s own property. The trustee also must keep qualified beneficiaries reasonably informed, although while a trust is revocable this duty runs only to the settlor (Fla. Stat. § 736.0813). Within 60 days after the trustee learns that an irrevocable trust was created, or that a formerly revocable trust has become irrevocable (for example, at the settlor’s death), the trustee must give notice to the qualified beneficiaries; this notice rule does not apply to an irrevocable trust created, or a revocable trust that became irrevocable, before the effective date of the code (Fla. Stat. § 736.0813). How that period applies depends on the trust’s terms and Florida law.

A dispute over a trust may involve how the trust should be read, how the accounts were kept, or how a trustee acted. The possible approaches depend on the trust instrument, Florida law and the facts of each case. A lawyer may advise or represent the person involved.

How trust lawyers work with trustees, personal representatives and beneficiaries

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 trustee, personal representative or other fiduciary. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

Florida law also sets rules for who may act as personal representative.

A trustee owes a duty of loyalty to the beneficiaries. As between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries (Fla. Stat. § 736.0802).

A trustee generally manages property held in a trust. Fla. Stat. § 736.0802(2) says that, subject to the rights of persons dealing with or assisting the trustee as provided in s. 736.1016, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee’s own personal account, or otherwise affected by a conflict between the trustee’s fiduciary and personal interests, is voidable by a beneficiary affected by the transaction unless one of several listed exceptions applies. Examples include (a) the transaction was authorized by the terms of the trust, and (f) the transaction was consented to in writing by a settlor of the trust while the trust was revocable. A professional trustee may bring particular skills to the role. If you are unsure who steps in as personal representative (often called an executor) in Florida, a lawyer can explain how the facts apply.

Estate tax, business and asset protection questions that involve trusts

Estate tax, business succession and asset protection lawyers look at how a trust fits into a larger plan. The right lawyer depends on the family’s assets, goals and the tax and property rules that apply.

Tax rules change over time. For 2026, the federal basic exclusion amount is $15,000,000 (IRS guidance for 2026). Whether that figure matters for a given estate turns on its assets, gifts and trust terms.

Business succession questions may involve who will own or run a company after an owner dies or steps back. A trust may be one tool discussed in that planning. The outcome depends on the business structure and its governing documents.

Asset protection calls for caution. A lawyer can review whether any structure fits the trust terms and Florida law.

How to begin your trust matter with Trust Counsel

Trust Counsel’s attorneys can explain which practice areas apply to your matter during a free, confidential initial consultation with no obligation to continue. Trust Counsel’s only office is in Coral Gables, Florida. Trust Counsel’s only office is in Coral Gables.

Ask how fees will work. Fees are agreed between client and attorney according to the scope of work.

A lawyer advising a trustee and a lawyer representing a beneficiary may have different roles in the same trust. That depends on the trust terms and Florida law. For a broader view, see professional trustee and executor services.

Speaking with a Coral Gables trust lawyer about your situation

You may be researching this for a parent, a relative or a trust you did not create. You may be reading a trust document you just received, or deciding who should serve as trustee. Those moments can feel urgent. If that is where you are, Leslie V. Marenco, the firm’s lawyer in Coral Gables, can talk through your situation. Call (305) 707-7126 or schedule online. The first consultation is free, confidential and without obligation to continue. Leslie V. Marenco is the lawyer responsible for the content of this page. Trust Counsel, PL’s only office is in Coral Gables, Florida.