A Miami Beach trust litigation attorney can advise beneficiaries, heirs and fiduciaries about disputes over a trust’s terms, its administration or a trustee’s conduct. Trust Counsel, PL focuses on trusts and estates from its only office in Coral Gables, Florida, and it serves clients in Miami Beach. This page explains what trust litigation involves, which disputes Leslie V. Marenco may advise on, and how a matter may proceed. Every right, duty and deadline described here depends on the governing trust instrument, applicable Florida law and the facts of each case.

What Trust Litigation in Miami Beach Covers

Trust litigation is a dispute about a trust, handled through negotiation or in court, depending on the facts. Disputes may involve what a trust says, how a trustee runs it, or whether a trust is valid.

Some questions start as simple requests for information about how a trust is being administered. Others may move to a court filing if the parties cannot agree.

This page is written for three groups:

• Beneficiaries, who may receive trust property under the trust’s terms.
• Heirs, who may have an interest in a family member’s estate or trust.
• Fiduciaries, including trustees and personal representatives (often called an executor).

The firm advises and represents trustees, personal representatives and beneficiaries. The firm does not serve as trustee or personal representative. Trust Counsel’s attorneys can serve individually as trustee or personal representative, subject to the governing instrument and applicable law.

Roles can overlap, such as when a trustee is also a beneficiary. What that means depends on the governing instrument and applicable Florida law.

Disputes the Firm’s Lawyers May Advise On

Leslie V. Marenco may advise on the disputes below. Each one depends on the trust terms and the facts.

• Accounting and information. Under Fla. Stat. § 736.0813, a trustee of an irrevocable trust generally must give qualified beneficiaries an accounting at least annually, subject to the statute’s exceptions and the trust’s terms. Under Fla. Stat. § 736.08135, that accounting must show all cash and property transactions, including compensation paid to the trustee.
• Trustee conduct. Under Fla. Stat. § 736.1001, a violation by a trustee of a duty owed to a beneficiary is a breach of trust. Whether particular conduct meets that test depends on the trust and the facts.
• Removal. Under Fla. Stat. § 736.0706, a settlor, cotrustee or beneficiary may ask the court to remove a trustee. Grounds include a serious breach of trust, and the outcome depends on the facts.
• Trust contests. Under Fla. Stat. § 736.0207, the contestant has the burden of establishing the grounds for invalidity. Timing rules also apply, especially for revocable trusts.
• Modification and reformation. A court may modify some irrevocable trusts under Fla. Stat. § 736.04113. Under Fla. Stat. § 736.0415, a court may reform a trust for a mistake of fact or law, but the mistake must be proved by clear and convincing evidence.
• Nonjudicial settlement. Under Fla. Stat. § 736.0111, interested persons may enter a binding nonjudicial settlement agreement on a trust matter. That agreement is valid only to the extent a court could approve its terms.

Some matters begin as one question about trust terms. Others involve several parties and several claims. No single remedy fits every case. The governing instrument, applicable law and the evidence shape which option may fit.

How a Trust Litigation Matter May Proceed

A trust matter may begin with a consultation. It may move toward court only if earlier steps do not address the dispute.

1. Consultation. You describe the trust, the parties and the question in dispute. The lawyer may ask for the trust document and any amendments.
2. Document review. Leslie V. Marenco may review accountings, account statements and letters to outline possible options.
3. Negotiation or mediation. Demand letters, negotiation or mediation may be possible, depending on the facts and the law.
4. Court filing, if needed. Depending on the governing instrument, applicable Florida law and the facts of each case, a matter that is not resolved this way may proceed in court.

Deadlines matter. Under Fla. Stat. § 736.1008, some claims based on adequately disclosed matters are barred as provided in chapter 95. A limitation notice can describe a six-month period after receipt. When that time starts depends on the disclosure and the facts of each case.

Timelines vary with the court and the claim. No schedule or result can be promised. Depending on the governing instrument, applicable law and the facts of each case, the client may decide on settlement after Leslie V. Marenco explains the options.

Why Trust Counsel, PL for Miami Beach Trust Disputes

Trust Counsel, PL focuses on probate, trust and estate matters from its Coral Gables office. Leslie V. Marenco is the lawyer named for this practice.

The practice covers probate litigation, trust litigation, trust administration, estate tax planning, business succession planning, asset protection, guardianship and estate planning. Leslie V. Marenco may advise beneficiaries, heirs and fiduciaries in probate and trust matters.

The practice has support staff, including assistants and office staff, who work with the lawyer on day-to-day tasks.

A professional fiduciary may bring administration knowledge to a matter. What that role involves depends on the governing instrument and applicable law.

We serve clients in Miami Beach. The firm’s only office is in Coral Gables, Florida.

Fees, Costs and the Free First Consultation

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

Costs may include court filing charges and other expenses, which depend on the matter. The attorney can explain likely costs before you decide whether to hire the firm.

Under Fla. Stat. § 736.1004, the statute provides that the court shall award taxable costs as in chancery actions in actions for breach of fiduciary duty or challenging a trustee’s exercise of powers, and in proceedings under ss. 736.0410-736.0417, and how it applies depends on the governing trust instrument, applicable Florida law, and the facts of each case. The court may direct payment from a party’s interest in the trust. Whether this applies depends on the case.

The firm offers a free first consultation. It is confidential and carries no obligation to continue.

To prepare, bring:

• the trust document and any amendments
• account statements or accountings you have received
• letters or notices about the dispute

Lawyer advertising notice: Leslie V. Marenco is responsible for this page. Trust Counsel, PL’s only office is in Coral Gables, Florida.

Frequently Asked Questions

Talk With Leslie V. Marenco About Your Miami Beach Trust Dispute

If a trust accounting has not been shared with you, or a trustee’s decision leaves you with questions, now is a good time to talk. If you need a Miami Beach trust litigation attorney to review your situation, call (305) 707-7126 or schedule online to book your free first consultation. It is confidential and carries no obligation to continue.