Trust Disputes | Coral Gables, Florida
Professional Trustee Support When a Florida Trust Dispute Arises
Trust Counsel, PL focuses on trust litigation, trust administration and fiduciary matters for beneficiaries, heirs and trustees. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.
By Leslie V. Marenco · Published October 24, 2026
Choosing a professional trustee after a trust dispute in Florida is a legal step, not just a paperwork change. A new trustee can take over when the current one resigns, is removed, or can no longer serve. This page explains what a professional trustee does and how Trust Counsel can help from its Coral Gables office.
What a professional trustee appointment after a trust dispute involves
A professional trustee is a person outside the family who takes over trust administration and is paid for the work. This usually happens when a dispute leaves the current trustee unable or unwilling to keep serving.
Trust Counsel’s attorneys can serve individually as trustee or personal representative, and the firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a trustee or personal representative.
This page is written for:
- Beneficiaries and heirs who believe the trustee is not acting properly.
- Co-trustees who cannot agree on decisions.
- Family members acting for a parent or relative named in the trust.
- Business owners whose company interests sit inside a trust.
A change of trustee moves control of trust assets to someone new. A trustee change can happen in several ways, and each one has its own notice and court steps. Read the trust document, any amendments and the record of the dispute before anyone sends a notice or files a case.
If a trust you did not create is now in conflict, you don't have to work out the next step alone; Trust Counsel can help you talk through your options. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
How a trustee resigns, is removed or is replaced after a dispute
A trustee leaves office by resigning, by being removed, or when a vacancy occurs, and Florida law sets rules for each.
- Resignation. A trustee may resign under the trust’s own procedure. Even without that, a trustee may resign on at least 30 days’ notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or with court approval (Fla. Stat. § 736.0705). Resigning does not end liability for past acts.
- Removal. The settlor, a cotrustee or a beneficiary may ask the court to remove a trustee, and the court may act on its own (Fla. Stat. § 736.0706). The court may remove a trustee for a serious breach of trust, for unfitness or persistent failure to administer the trust, or when cotrustees’ lack of cooperation substantially impairs administration. Under Fla. Stat. § 736.0706, the court may remove a trustee after a substantial change of circumstances, or when all of the qualified beneficiaries request removal, but only if the court finds that removal best serves the interests of all of the beneficiaries, that it is not inconsistent with a material purpose of the trust, and that a suitable cotrustee or successor trustee is available.
- For a noncharitable trust, the next choice is a person the qualified beneficiaries unanimously appoint, and last is a person the court appoints (Fla. Stat. § 736.0704). For a charitable trust, the unanimous choice is made by the charitable organizations expressly designated to receive distributions under the terms of the trust.
The court can also appoint an additional trustee or a special fiduciary when administration requires it. That can happen even when no vacancy exists.
What the engagement covers
Work on a trustee change covers the legal steps from first review through the transfer of trust property. The work includes these parts:
- Reviewing the trust instrument, amendments and successor trustee provisions to identify who may serve next.
- Preparing a court petition to remove a trustee or appoint a successor, with the notices the case requires.
- Securing trust accounts and collecting records from the outgoing trustee.
- Requesting accountings.
- Trust litigation when beneficiaries contest the trustee’s decisions or conduct.
- Business succession advice when a trust holds company interests and the trustee role must change.
For the ongoing administration side, see professional trustee services.
How the process works, step by step
The process moves in stages: review, options, notice, filing if needed, transition and reporting. Timing varies with each matter, and the court’s schedule can shape it.
- Intake and document review. Share the trust, any amendments, prior accountings and correspondence about the dispute.
- Options. Compare resignation, a negotiated transition and a removal petition against the trust terms and your goals.
- Notice and information requests. Make written requests for accountings and records. A trustee must notify qualified beneficiaries within 60 days after accepting the trust, unless the trustee accepted before the code’s effective date (Fla. Stat. § 736.0813).
- Transition. The former trustee must deliver trust property to the successor within a reasonable time, minus a reasonable reserve for debts, expenses and taxes (Fla. Stat. § 736.0707).
- Final reporting. The final accounting must include a plan of distribution for any assets still undistributed (Fla. Stat. § 736.08135).
Why clients bring these matters to Trust Counsel
Trust Counsel handles trustee-change matters from one office, in Coral Gables, Florida. The firm’s only office is in Coral Gables.
- We serve clients in Fort Lauderdale.
- We serve clients in Boca Raton.
- We serve clients in West Palm Beach.
- We serve clients in Doral, Kendall, Pinecrest, Key Biscayne and Aventura.
The firm focuses on trust litigation, probate litigation, trust administration, guardianship, estate tax planning, business succession and asset protection. Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.
Because the firm can advise trustees, personal representatives and beneficiaries, the same team can review the dispute from more than one side. That helps you see the trust clearly before you choose a path.
Frequently asked questions
What happens when a trustee resigns?
A resigning trustee gives notice under the trust’s procedure, or gives at least 30 days’ notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or obtains court approval (Fla. Stat. § 736.0705). Resignation does not end liability for past acts (Fla. Stat. § 736.0705).
Can a trust be contested in Florida?
Yes. Deadlines can apply, so timing matters.
How difficult is it to dissolve an irrevocable trust?
Dissolving an irrevocable trust depends on the trust terms, the beneficiaries’ agreement and the facts of the case. A trust is not under continuing court supervision unless a court orders it (Fla. Stat. § 736.0201).
How is a professional trustee paid?
If the trust does not set pay, a trustee is entitled to reasonable compensation under the circumstances (Fla. Stat. § 736.0708).
Can a trustee mistreat a beneficiary?
A trustee who breaks a duty owed to a beneficiary commits a breach of trust.
Not sure what your next step is?
Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
Talk with Trust Counsel about your trust dispute
If you’re a beneficiary, heir or relative stepping in for someone else, a trust you did not create may now be in conflict, and the trustee may not be responding. Trust Counsel can review the trust and the dispute with you and explain which path fits your situation. The first consultation is free, confidential and comes with no obligation to continue. Book a free strategy call, schedule online, or call (305) 707-7126.
How Trust Counsel Helps
Advice for Trustees
The firm advises and represents trustees, personal representatives and beneficiaries when a trust dispute changes who manages the trust and how it is administered.
Attorneys Who Can Serve
Trust Counsel's attorneys can serve individually as trustee or personal representative, subject to the terms of the trust and Florida law.
Trust Administration
We help fiduciaries organize trust records, communicate with beneficiaries and carry out administration duties during and after a dispute.
Litigation Experience
Our trust litigation attorneys focus on contested trust matters, helping clients understand their options before taking formal steps.
Important: Who Serves as Fiduciary
Trust Counsel, PL does not serve as trustee, personal representative or any other fiduciary. Trust Counsel's attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.
Common Questions About Professional Trustees in Disputes
When a Trustee Resigns
A trustee who wants to step down must follow the trust's procedure or the notice requirements of Florida law. Our attorneys explain those steps so the transition is documented properly.
Trustee Liability
Resigning does not end responsibility for past acts. We review the trustee's record and advise on how past administration may be viewed in a dispute.
Successor Trustees
We help clarify the handoff and reduce confusion among beneficiaries.
Beneficiary Concerns
Beneficiaries who question a trustee's conduct need clear information. We explain the issues, the documents involved and the options available under the trust.