Trust disputes in Aventura, handled with careful counsel

Trust litigation attorney Aventura

Trust litigation attorney Aventura: We serve clients in Aventura from our only office, in Coral Gables, Florida. Probate litigation involves court disputes over an estate after a death. The outcome depends on the governing document, the law that applies, and the facts of each case. Probate litigation is a contested court process. It arises from an estate, a will, or the way a fiduciary manages inherited property. Families in Aventura and across Florida face these disputes when a will is challenged, a creditor files a claim, or an heir asks for an accounting. This guide provides general information. Leslie V. Marenco, the firm’s attorney, can advise or represent clients, depending on the governing document, the law that applies, and the facts of each case. Rights, deadlines and remedies depend on the governing document, Florida law, and the facts of each case.

What probate litigation covers for Aventura families

Probate litigation is a court process. It arises from a person’s estate after death. It often starts when an heir or beneficiary disagrees with how the estate is handled.

Common examples include challenging a will’s validity, a claim filed against the estate, and a dispute about a personal representative’s conduct. The personal representative is the person who manages the estate’s affairs in probate. Heirs are people who inherit under Florida law when there is no valid will. Beneficiaries receive property under a will or a trust.

Many families first notice a problem when a document arrives. It may be a notice, an inventory, or a request for records about a parent’s accounts. A small issue can become a court dispute if the family cannot agree.

Leslie V. Marenco can advise and represent heirs, beneficiaries and fiduciaries in these matters, depending on the governing document, the law that applies, and the facts of each case. Whether a claim exists depends on the governing document, Florida law, and the facts of each case. For a broader view of the practice area, read our guide to probate litigation attorneys.

How Florida probate generally works

Florida probate often moves through several stages. The order and deadlines depend on the will and the facts of the estate.

First, the court is asked to open the estate and appoint a personal representative. Next, the personal representative notifies interested persons.

After notice, the estate usually moves to an inventory of assets, a review of creditor claims, and then distribution. Creditor claims are subject to time limits. How those limits apply depends on Florida law and the facts of each case.

Not every estate follows this path. A simple estate may move quickly. An estate in dispute may take longer. Our guide on personal representative requirements in Florida covers appointment rules. Whether a particular person qualifies depends on the applicable law and the facts of each case.

Common disputes that reach litigation in Aventura

Will contests, claims of lack of capacity or undue influence, conflicts between a will and a trust, and requests for an accounting can reach a Florida court. Each situation is different. Reviewing the documents and the facts can help before you draw conclusions.

Deadlines vary by document. Under Fla. Stat. § 736.0207, the person contesting a trust has the burden of establishing the grounds for invalidity. An action to contest the validity of all or part of a revocable trust may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. This section does not prohibit such action by the guardian of the property of an incapacitated settlor.

Will contests follow their own steps. Those steps depend on the will and the facts.

Trust beneficiaries have information rights. Under Fla. Stat. § 736.0813, the trustee must keep qualified beneficiaries reasonably informed of the trust and its administration.

Objection deadlines can be short. Under Fla. Stat. § 736.1008, a beneficiary generally is barred from bringing an action against a trustee for breach of trust based on a matter adequately disclosed in a trust disclosure document unless a proceeding is commenced within 6 months after receipt of that document or a limitation notice that applies to it, whichever is received later. Under Fla. Stat. § 736.0604, an action to contest a trust that was revocable at the settlor’s death is barred if not commenced within the earlier of the time under chapter 95 or six months after the trustee sends a copy of the trust instrument and a required notice.

Early review of documents and dates can matter in some cases, depending on the facts and the applicable law.

Ancillary probate for non-residents with Florida property

A non-resident who leaves property in Florida may need a proceeding in this state, depending on the property and the will. Ancillary administration is the process used in Florida for property located here when the person lived elsewhere.

If a non-resident dies leaving property in Florida, a person named in the will to handle the Florida property may be able to seek appointment, if that person qualifies to act in Florida. Whether that is possible depends on the will, Florida law, and the facts of each case. If no one is named that way, the appointment depends on the facts and the applicable law.

Notice and claim rules may also apply in an ancillary case. How they apply depends on the applicable law and the facts of each case.

Heirs in Aventura may hold property in more than one state or country. That can raise questions about which proceeding covers each asset. The answer depends on where each asset is located and on the governing documents. Trust Counsel’s attorneys can help you sort out which steps fit your question.

Trust litigation attorney Aventura: how Trust Counsel can advise and represent clients

Leslie V. Marenco can advise or represent trustees, personal representatives and beneficiaries in probate and trust matters, depending on the governing document, the law that applies, and the facts of each case. The firm advises and represents trustees, personal representatives and beneficiaries. It focuses on probate litigation and trust litigation.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve as trustee, personal representative or any other fiduciary. Whether an attorney acts in an individual role depends on the governing document, the law that applies, and the facts of each case.

Leslie V. Marenco can advise or represent clients in a dispute, subject to the governing document and applicable law. If a matter may be referred to another lawyer or firm, the firm will say so.

How legal fees and costs are set

Fees are agreed between the client and the attorney based on the scope of the work. The written agreement should explain the fee basis and the costs the client may owe.

Costs can include court filing fees, and the engagement terms should list them. Under Fla. Stat. § 736.1004, in all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers, the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees. Under Fla. Stat. § 736.1006, in all trust proceedings, costs may be awarded as in chancery actions. Which costs apply depends on the type of proceeding and the facts of the case.

Under Fla. Stat. § 736.1005, an attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. Under Fla. Stat. § 736.0813, the trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.

Working with Trust Counsel from the Coral Gables office

Trust Counsel, PL’s only office is in Coral Gables, Florida. We serve clients in Aventura and elsewhere in Florida, including Miami-Dade County.

Clients in Aventura can contact the Coral Gables office to discuss a matter. This page names Coral Gables because it is the location of the firm’s only office.

Whether the firm represents you depends on the facts of your matter, the governing document, the applicable law, and whether the firm accepts the matter.

Book a free strategy call about your estate dispute

If you have received a notice of administration, a request for an accounting or a creditor claim, a free strategy call can help you understand your next step. You may be contesting a will, a Florida asset left by a parent who lived out of state, or a request to see estate records.

A strategy call is a short conversation about your situation. The first consultation is free, confidential, and carries no obligation to continue. Any fees for later work are agreed based on the scope of the work.

Contact us today: book a free strategy call, call (305) 707-7126, or schedule online through the same contact page, and describe the notice or dispute you face.

Frequently Asked Questions