Trust Litigation Counsel for Beneficiaries, Heirs and Fiduciaries

A trust litigation attorney may advise or represent people in disputes about a trust, depending on the governing trust instrument, applicable Florida law and the facts of each case. Those disputes can involve information and accountings, the trust’s terms, or a trustee’s conduct. How any dispute turns out depends on the governing trust instrument, applicable Florida law and the facts of each case. Trust Counsel, PL is a Coral Gables firm that focuses on trusts and estates matters. This page explains what that work can involve and how fees are agreed between client and attorney according to the scope of work.

What a Trust Litigation Attorney Does and Who This Page Is For

Disputes may concern a trust’s administration, its terms or a fiduciary’s conduct, and advice or representation in such matters depends on the governing instrument, applicable Florida law and the facts of each case. Whether a matter goes to court depends on the governing instrument, Florida law and the facts.

This page is written for:

• Beneficiaries and heirs who want information, accountings or a copy of the trust.
• Trustees and personal representatives (often called executors) who face questions about how they administer a trust or estate under the governing instrument and applicable Florida law.
• Business owners who want to understand how succession terms in a trust might affect a later dispute.

Trust Counsel’s attorney, Leslie V. Marenco, can serve individually as trustee or personal representative, subject to the governing instrument and applicable Florida law. The firm advises and represents trustees, personal representatives and beneficiaries.

The firm’s only office is in Coral Gables. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.

Disputes a Trust Litigation Attorney May Address

Trust disputes may begin in different ways, such as a request for information or a question about the trust’s terms, depending on the governing instrument, applicable Florida law and the facts of each case. Possible matters include the following, each depending on the facts.

• Information requests. Under Fla. Stat. § 736.0813, a trustee is to keep qualified beneficiaries reasonably informed. On reasonable request, the trustee is to provide a complete copy of the trust instrument. The scope depends on the trust terms.
• Accountings. Fla. Stat. § 736.08135 addresses trust accountings and sets out what an accounting is to include; how the section applies to a particular trust depends on applicable Florida law and the facts of each case.
• Breach of trust. Fla. Stat. § 736.1001 says a violation of a duty owed to a beneficiary is a breach of trust. It lists remedies a court may order.
• Removal of a trustee. Fla. Stat. § 736.0706 lists grounds on which a court may remove a trustee. Those grounds depend on the facts.
• Distribution disagreements. Questions about how and when assets go to beneficiaries may turn on the wording of the trust, depending on the governing instrument, applicable Florida law and the facts of each case.

Whether a claim exists, and which remedy might fit, depends on the trust instrument, Florida law and the facts. A matter may be referred to another lawyer or firm where appropriate.

What a Trust Litigation Engagement Can Include

An engagement may include review, advice and, where the client retains the firm’s lawyer for it, representation in a court proceeding. The exact scope depends on the matter and is explained before work begins.

• Document review. Reviewing the trust, any will, amendments, accountings and correspondence.
• Options advice. Explaining possible paths, such as negotiation, mediation or filing in court.
• Court representation. Representing a client in a proceeding when the client retains the firm’s lawyer, with office staff supporting the work.
• Timing review. Checking time limits. Under Fla. Stat. § 736.1008, a beneficiary’s time to bring a breach-of-trust claim may be shortened once a set period has run after the beneficiary receives a trust disclosure document that adequately discloses the potential claim. That period can run from receipt of the disclosure document or of a limitation notice that applies to it, whichever is received later, and how it applies depends on the governing trust instrument, applicable Florida law and the facts of each case. Whether and how that time limit applies depends on the document’s timing and contents, the governing trust instrument, applicable Florida law and the facts of each case.

The firm does not promise any outcome, recovery or a way to avoid a dispute. Results depend on the governing instrument, applicable law and the facts of each case.

How the Process Works and What to Expect

The process may begin with a free, confidential first consultation with no obligation to continue, and documents may be reviewed before options are discussed. Each matter follows its own timeline, which depends on the court, the trust instrument and the facts.

1. Free initial consultation. The first consultation is free, confidential and without obligation to continue.
2. Document review. Bring the trust, any will, amendments, accountings and letters you have received.
3. Options discussion. The attorney explains possible paths and the factors that affect each one.
4. Engagement, if you choose. The attorney explains the scope of work and any costs before you decide.
5. Advice or representation. Work proceeds on the chosen path. Timing depends on court schedules, the trust instrument and the facts of each case.

How Fees Are Set for Trust Litigation

Fees are agreed between client and attorney according to the scope of work. No single fee applies to every trust dispute.

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

• How complex the trust and its history are.
• How many documents and parties are involved.
• Whether a court proceeding is needed, or whether the matter is handled through advice.
• How much of the work is information gathering and how much is litigation.

Costs such as court filing fees may be additional. The attorney will explain what you may owe before you engage the firm.

In certain actions for breach of fiduciary duty, Fla. Stat. § 736.1004 directs the court to award taxable costs, including attorney fees. The court has discretion over who pays and from what property.

Why Trust Counsel, PL and How to Evaluate Any Trust Litigation Attorney

Trust Counsel, PL has one office, in Coral Gables. Leslie V. Marenco is the attorney at the firm, and office staff support the firm’s work. The firm focuses on trusts and estates matters.

Questions you may wish to raise during an initial consultation with Leslie V. Marenco could include:

• Does the attorney focus on trust and estate disputes?
• Will you receive a written fee agreement that explains scope and costs?
• Does the attorney explain your options, timing and risks, and say which parts depend on the facts?
• Does the attorney answer clearly about conflicts of interest and who will do the work?

When weighing the roles involved in a trust dispute, it may also help to consider a professional trustee‘s place in the administration. A professional trustee may bring administration experience to a trust, and that benefit depends on the trust instrument and applicable law.

Frequently Asked Questions About Trust Litigation Attorneys

Short answers to common questions appear below. Each one depends on the trust instrument, Florida law and the facts.

Talk With Trust Counsel About Your Trust Dispute

If you have a trust dispute, talk with a trust litigation attorney about your documents and your questions. A trustee may not have sent accountings, a distribution may be in question, or a personal representative’s decisions may be contested. Each situation depends on the trust instrument and Florida law.

Gather the trust, any will, amendments, accountings and letters before you call. Then book your free initial consultation by calling (305) 707-7126 or scheduling online.