Resolving Trust and Estate Disputes in Coral Gables

A trust and estate litigation attorney resolves disputes over a will, a trust, or how an estate or trust is run. Most of these cases are handled in Florida courts, and many start long before a lawsuit is filed. If you’re an heir or beneficiary who believes a document is wrong or a fiduciary isn’t acting properly, this is the practice area that fits. Trust Counsel, PL concentrates in trust and estate disputes, and its only office is in Coral Gables.

What Trust and Estate Litigation Covers and Who It Serves

Trust and estate litigation covers conflicts that arise after a will, trust, or estate is in place. It includes pre-suit work, such as demand letters, and court cases when those steps don’t solve the problem.

Under Fla. Stat. § 736.1005, any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust.

Estate planning and litigation are different jobs. An estate planning attorney helps clients gather and assess family and financial information before a problem exists. The ACTEC guidance on initial planning meetings describes that first meeting and the confidential treatment of that information. A probate litigator steps in after a conflict already exists. That might be a challenge to a will, a claim against a personal representative (often called an executor), or a fight over who receives what.

This page is written for adult children, spouses, siblings, and other beneficiaries. You may believe a will was signed under pressure, that a distribution is wrong, or that a fiduciary’s conduct is off. You may be acting for a parent or relative after a death or incapacity.

Which Disputes the Firm Handles for Heirs and Beneficiaries

The firm handles challenges to documents, claims against fiduciaries, and demands for information about a trust or estate.

• Will contests. A will contest asks a court to rule that a will is not valid. Under Fla. Stat. § 732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence.
• Burden of proof. Under Fla. Stat. § 733.107, the will’s proponent must first show formal execution. After that, the contestant must establish the grounds for opposing probate. In any transaction or event to which the presumption of undue influence applies, the presumption, which implements public policy against abuse of fiduciary or confidential relationships, shifts the burden of proof under Fla. Stat. § 733.107(2).
• Trust contests. Under Fla. Stat. § 736.0207, the person contesting a trust carries the burden of proving the grounds for invalidity.
• Fiduciary duty claims. Under Fla. Stat. § 733.609, a personal representative’s duty is the same as a trustee’s. A personal representative is liable to interested persons for loss from a breach of that duty.
• Accountings and information. Under Fla. Stat. § 736.0813, a trustee must keep qualified beneficiaries reasonably informed. On reasonable request, the trustee must give a qualified beneficiary a complete copy of the trust instrument. A qualified beneficiary can waive the trustee’s duty to account, but only in writing.
• Removal. Under Fla. Stat. § 736.0706, a settlor, a cotrustee, or a beneficiary may ask the court to remove a trustee. Fla. Stat. § 733.504 lists the causes for which a court may remove a personal representative and revoke the letters. Among them are wasting or maladministration of the estate, and failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.

How a Trust or Estate Dispute Usually Moves Forward

Most disputes start with document review, move to demands and settlement talks, and reach court only when needed.

1. Intake. You share the will, the trust, any amendments, account statements, and notices you received.
2. Review. The lawyer identifies which claims may apply and which deadlines may be running.
3. Pre-suit steps. These can include a demand letter, a request for an accounting, or settlement talks with the other side.
4. Filing, if needed. A case is filed in the proper Florida court. Discovery follows, which means exchanging documents and taking sworn testimony.
5. Resolution. The matter may end in mediation, a settlement, a hearing, or a trial. Timing depends on the court’s schedule and how complex the issues are.

No lawyer can promise how a dispute will end. A useful first meeting gives you a clear read on your claims, your deadlines, and your options.

Florida Deadlines and No-Contest Clauses to Check Early

Florida sets short time limits for challenging a will or trust, and some of those clocks start when a notice is served.

• Will objections. Under Fla. Stat. § 733.212, the personal representative must promptly serve a notice of administration on known persons, including beneficiaries. A person served must object to the will’s validity, venue, or the court’s jurisdiction within 3 months after service. Otherwise, those objections are forever barred. The only extension is for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed.
• Outer limit. Those objections must be filed no later than the earlier of the final discharge order or 1 year after service of the notice.
• Trust contests. Under Fla. Stat. § 736.0604, a contest to a trust that was revocable at the settlor’s death is barred unless it starts within the earlier of the time under chapter 95 or six months after the trustee sends a copy of the trust instrument and a notice. Under Fla. Stat. § 736.0207, an action to contest the validity of a revocable trust may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death, although the statute does not prohibit such an action by the guardian of the property of an incapacitated settlor.
• Missed deadlines. A missed deadline can end a claim, so early review matters.
• No-contest clauses. A no-contest clause is a term meant to discourage a challenge. Under Fla. Stat. § 732.517, a will provision that penalizes an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. Fla. Stat. § 736.1108 makes unenforceable any trust provision purporting to penalize an interested person for contesting the trust instrument or for instituting other proceedings relating to a trust estate or trust assets. It applies to trusts created on or after October 1, 1993, and a revocable trust is treated as created when the right of revocation terminates. Reading the exact language of the trust instrument is an important early step before deciding whether to bring any proceeding.

What the Free First Consultation Covers and How Fees Work

Your first consultation is free, confidential, and without obligation to continue.

Bring what you have, because a fuller file helps the lawyer spot issues sooner. Useful items include:

• The will, the trust, and any amendments or restatements
• A death certificate, if one applies to your matter
• Account statements for the estate or trust
• Letters, notices, or accountings from a trustee or personal representative
• A written timeline of key dates

Bring any notice you received, too. The dates in a notice of administration or a trust notice may start a deadline.

Ask about fees and costs at the start. Fla. Stat. § 733.106(1) provides that in all probate proceedings, costs may be awarded as in chancery actions. When costs and attorney fees are payable from the estate, Fla. Stat. § 733.106 gives the court discretion to direct from what part of the estate they are paid. The factors the court may weigh include the relative strength or weakness of the merits of any claims, defenses, or objections asserted by a person whose part of the estate is to be assessed. In actions for breach of a personal representative’s fiduciary duty, or challenging the exercise of or failure to exercise a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees, under § 733.609.

Why Trust Counsel for Trust and Estate Disputes

Trust Counsel, PL is a Florida trusts and estates law firm with its only office in Coral Gables. It concentrates in trust and estate work, from disputes through planning and administration.

• Lawyers. Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.
• Roles. The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative.
• Related practice areas. Probate litigation, trust litigation, trust administration, estate planning, and guardianship work sit alongside dispute work.
• Service area. We serve clients in Florida, including Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.
• Referrals. Some matters may be referred to another lawyer or firm, and the firm will say so when that applies.

Frequently Asked Questions About Trust and Estate Litigation

A trust and estate litigation attorney handles the dispute itself, while an estate lawyer usually drafts the documents.

Can I challenge a trustee if I’m not named in the trust?

What to Do Next if a Will or Trust Dispute Has Landed on Your Desk

If a dispute landed on your desk, getting the documents and dates in front of a lawyer is the practical first step. You may be handling this for a parent or sibling after a death or incapacity. You may still be gathering facts. You may not know whether the will was signed properly, whether a trustee owes you an accounting, or whether a personal representative is acting correctly.

Share your documents and timeline in a confidential first consultation. Call (305) 707-7126 or schedule online.