
Trust Litigation Attorney
Trust Disputes in Fort Lauderdale — Representation for Beneficiaries
When a trustee fails to act in your interest, or trust administration goes wrong, Trust Counsel, PL represents beneficiaries in court and settlement negotiations to resolve disputes over trust assets, trustee conduct, and distributions.
By Leslie V. Marenco · Published October 04, 2026
Trust Litigation Attorney in Fort Lauderdale
Trust disputes arise when beneficiaries question trustee decisions, when fiduciaries disagree on administration, or when trust terms are unclear or allegedly violated. If you’re a Fort Lauderdale beneficiary, heir, or fiduciary facing conflict over trust assets, distributions, or trustee conduct, you need a trust litigation attorney who understands Florida trust law and the dynamics of trust conflicts.
Trust Counsel, PL represents beneficiaries, heirs, and fiduciaries in trust disputes across Fort Lauderdale and the surrounding area. We work to resolve conflicts through negotiation, mediation, or court action.
If a trustee's decisions concern you, or you're defending trustee conduct against beneficiary claims, reach out—we help clarify your rights and next steps. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Trust Disputes in Fort Lauderdale: When You Need a Litigation Attorney
Fort Lauderdale families and high-net-worth individuals often face disputes over asset distribution, trustee fees, investment decisions, or alleged self-dealing. These conflicts can damage family relationships and delay distributions for months or years. Early legal counsel can clarify your rights, explain your options, and help you decide whether litigation, settlement, or another approach best serves your interests.
Common triggers for trust disputes include:
- A beneficiary believes a trustee has breached fiduciary duties or acted in self-interest
- Distributions have been delayed or denied without clear explanation
- Co-trustees disagree on trust administration or investment strategy
- A beneficiary questions whether a trust amendment was valid or made under undue influence
- A trustee faces claims from beneficiaries and needs legal defense
What Trust Litigation Attorneys Handle
A trust litigation attorney represents clients on both sides of trust conflicts. We handle:
Beneficiary representation. We represent beneficiaries challenging trustee conduct, seeking enforcement of trust terms, or pursuing claims for breach of fiduciary duty. We help you understand your rights under Florida law and pursue recovery of mismanaged or misappropriated assets.
Fiduciary defense. We advise trustees and personal representatives on their duties—trustees under the Florida Trust Code, and personal representatives, who as fiduciaries must observe the standards of care applicable to trustees—and defend them against claims of breach. We help fiduciaries understand their obligations and respond to beneficiary challenges.
Trust interpretation disputes. We resolve disagreements over what trust language means, how assets should be valued, and how distributions should be calculated.
Fiduciary duty claims. We address allegations of self-dealing (a trustee favoring themselves over beneficiaries), conflicts of interest, mismanagement, or failure to account for trust assets. Under Florida law, a trustee owes beneficiaries the duty of loyalty, the duty of prudence, and the duty to account—violations can trigger litigation and personal liability.
Trustee removal actions. We ask the court to remove a trustee on a statutory ground, such as a serious breach of trust, or we defend a trustee against removal claims.
Settlement negotiation and mediation. We work toward resolution before or during litigation, helping parties avoid the cost and delay of trial.
Trust Counsel, PL’s Approach to Fort Lauderdale Trust Litigation
We represent beneficiaries, heirs, and fiduciaries in trust disputes across Broward County and South Florida. Our approach combines trust administration knowledge with trust litigation to resolve conflicts efficiently.
Serving Fort Lauderdale. We serve clients in Fort Lauderdale and throughout Broward County.
Dual perspective. We represent beneficiaries, heirs, and fiduciaries. Representing both beneficiaries and fiduciaries lets us consider both sides of trust conflicts and advise clients on realistic outcomes and settlement value.
High-net-worth and complex trust focus. We advise on multi-generational trusts, business-owned trusts, and international family structures common in South Florida.
Strategic counsel on dispute resolution. We advise whether litigation, mediation, or negotiation best serves your interests, rather than defaulting to court filing. Sometimes a letter or settlement conference resolves the conflict faster and cheaper than trial.
Common Trust Disputes in the Fort Lauderdale Area
Trustee removal or replacement. A beneficiary or co-trustee petitions the probate court to remove a trustee due to alleged misconduct, incapacity, or conflict of interest.
Disputes over distributions. Beneficiaries disagree with a trustee’s decision to withhold, delay, or reduce a distribution. The trustee may claim discretion under the trust; the beneficiary may claim the trustee acted arbitrarily or in bad faith.
Co-trustee conflicts. When a trust names multiple trustees, disagreements over investment decisions, distributions, or administration can deadlock the trust and delay beneficiary payments.
Undue influence or fraud claims. A beneficiary alleges that a trust amendment was procured through undue influence or fraud, or that the trustee exerted improper pressure on the settlor (the person who created the trust).
Investment disputes. Beneficiaries claim a trustee made imprudent or unauthorized investment decisions that damaged the trust estate. Under the Florida Trust Code, a trustee must invest trust assets with prudence and in accordance with the trust’s terms.
Trustee accounting disputes. A trustee fails to provide a clear accounting of trust assets, income, and distributions, or a beneficiary disputes the trustee’s accounting as inaccurate or incomplete.
Self-dealing claims. A beneficiary alleges that a trustee favored themselves over other beneficiaries, purchased trust assets at unfair prices, or engaged in transactions that benefited the trustee at the trust’s expense.
Why Local Representation Matters
We serve clients in Fort Lauderdale and Broward County in trust disputes, including those involving multi-generational family trusts, business succession, and asset protection planning.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
When to Contact a Trust Litigation Attorney
Reach out if:
- You believe a trustee has breached their duties or acted in self-interest
- You are a trustee facing claims from beneficiaries and need legal defense
- Trust distributions have been delayed or denied without clear explanation
- You disagree with co-trustees on trust administration or investment decisions
- You question the validity of a trust amendment or the trustee’s authority
- You need guidance on your rights as a beneficiary or fiduciary

Frequently Asked Questions
What are the duties of a trustee in Florida?
Under the Florida Trust Code, a trustee must act with loyalty, prudence, and impartiality; invest trust assets prudently; and keep the qualified beneficiaries reasonably informed of the trust and its administration.
Can a beneficiary remove a trustee in Fort Lauderdale?
Yes. A beneficiary can ask a Florida court to remove a trustee who has committed a serious breach of trust, or where, due to the trustee’s unfitness, unwillingness, or persistent failure to administer the trust effectively, the court determines that removal best serves the interests of the beneficiaries.
What is a breach of fiduciary duty?
A breach occurs when a trustee fails to fulfill their legal duties—for example, by self-dealing, failing to account for assets, making imprudent investments, or favoring one beneficiary over another.
How long does trust litigation take in Broward County?
Timeline varies depending on case complexity, court docket, and whether the parties settle.
Can mediation help resolve a trust dispute?
Yes. Many trust disputes settle through mediation before litigation. A neutral mediator helps beneficiaries and fiduciaries negotiate a resolution, often faster and cheaper than trial.
What documents should I bring to a trust litigation attorney?
Bring the trust document, any amendments, trustee accountings, correspondence between beneficiaries and the trustee, and any court filings. These help us understand the dispute and your legal position.
If a trustee’s decisions concern you, or you’re defending trustee conduct against beneficiary claims, we’re here to help. Fort Lauderdale families and fiduciaries navigate these conflicts regularly. Schedule a free strategy call or call us at (305) 707-7126 to discuss your situation and explore your options.
What We Handle for Beneficiaries
Trustee Removal and Surcharge Claims
Petition the Broward County probate court to remove a trustee for breach of duty, self-dealing, or gross negligence, and pursue recovery of trust assets lost through misconduct.
Trust Interpretation and Modification
Challenge ambiguous trust language, contest amendments, or seek court clarification when a trustee's interpretation conflicts with beneficiary interests.
Accounting and Disclosure Disputes
Demand full accounting from trustees, challenge incomplete or false accountings, and enforce beneficiary rights to information about trust assets and transactions.
Breach of Fiduciary Duty
Hold trustees accountable for violations of the Florida Trust Code, including failures to invest prudently, act impartially, or disclose conflicts of interest.
Know Your Rights
Under the Florida Trust Code, beneficiaries may petition for trustee removal and sue for breach of fiduciary duty, and the trustee must keep the qualified beneficiaries reasonably informed of the trust and its administration. Timing matters — certain claims have filing windows set by statute.
How Trust Litigation Works
Initial Consultation
We review the trust document, your relationship to the trustee, and the facts of the dispute. We explain your legal options and the process ahead.
Investigation and Case Building
We gather trust accountings, correspondence, and other evidence. We may retain a forensic accountant or other professional to document trustee misconduct or asset mismanagement.
Negotiation or Court Filing
We attempt to resolve disputes through settlement. If negotiation fails, we file a petition in Broward County probate court and represent you through discovery, motion practice, and trial.
Resolution
We work toward recovery of misappropriated or mismanaged assets, removal of the trustee, or court-ordered clarification of trust terms and beneficiary rights.