Trust Disputes Need Clear Answers and a Steady Advocate

A trust litigation attorney in Coral Gables handles court disputes over what a trust says, whether it is valid, and whether a trustee acted properly. The firm advises and represents trustees, personal representatives and beneficiaries. Deadlines in these cases can be short, so getting the facts to a lawyer early matters. Leslie V. Marenco is the responsible lawyer for this page.

What Trust Litigation Means in Florida

Trust litigation is a court case about a trust. It asks a judge to decide what the trust says, whether it is valid, or whether a trustee followed the law. In Florida, these claims arise under the Florida Trust Code, Chapter 736 of the Florida Statutes.

Who usually needs this help:

• Beneficiaries who suspect mismanagement or cannot get information about the trust
• Heirs and family members who dispute a trust or an amendment
• Trustees facing claims from beneficiaries
• Successor fiduciaries who inherit a dispute they did not start

Disputes among beneficiaries, family members or creditors can lead to court involvement during estate administration. The circuit court has original jurisdiction over proceedings under the Florida Trust Code. Because estate and trust matters often overlap, the right path depends on the facts.

The firm’s only office is in Coral Gables.

Trust Disputes the Firm Handles

Matters the firm handles involve a trust’s terms, its validity, or a trustee’s conduct. Common matter types include:

• Breach of fiduciary duty claims against a trustee
• Demands for a trustee accounting
• Petitions to remove or replace a trustee
• Trust interpretation disputes
• Challenges to a trust or a trust amendment

A trustee must keep qualified beneficiaries reasonably informed about the trust. An irrevocable trust’s trustee must also provide an accounting at least annually, under Fla. Stat. § 736.0813, unless the trustee is a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, in which case the trust terms may permit accounting only at termination of the trust, upon removal, resignation or other event ending the trustee’s service, or upon a qualified beneficiary’s demand. The court may order a trustee to account, as Fla. Stat. § 736.1001 provides.

A disputed amendment raises a different question. Under Fla. Stat. § 736.0406, a trust or part of a trust procured by fraud, duress, mistake or undue influence is void. Reviewing the original instrument, drafts and the signing circumstances is central. Read more about forged trust amendments in Florida.

Some claims involve interference with an expected inheritance. Read more about tortious interference with inheritance in Florida. Breach claims often involve self-dealing, failure to account or mismanaged assets. See breach of fiduciary duty by a trustee in Florida.

The firm also defends trustees and personal representatives against claims, not only people who bring them.

How a Trust Litigation Matter Moves Forward

A matter usually moves from a consultation to document review, a demand, and then a court filing if needed. The typical path looks like this:

1. Consultation. Review the trust, any amendments, and the timeline of the dispute.
2. Document review. Gather the trust instrument, accountings and records from the trustee.
3. Demand. Send a letter asking the trustee or opposing party for records, an accounting or corrective action.
4. Filing. If needed, file a petition or complaint in the proper Florida court. Discovery, hearings, mediation or trial may follow.
5. Updates. Discuss options and decisions at each stage. No outcome can be promised.

Deadlines come first. A contest of a trust that was revocable at the settlor’s death may be barred if not started within the earlier of the chapter 95 period or six months after the trustee sends the trust instrument and a required notice, under Fla. Stat. § 736.0604. A contest of the validity of a revocable trust, or of a partial revocation of one, cannot start until the trust becomes irrevocable by its terms or by the settlor’s death, under Fla. Stat. § 736.0207. If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This does not prohibit such action by the guardian of the property of an incapacitated settlor.

Litigation can be slow and costly. The National Center for State Courts notes that civil cases can involve high costs, procedural complexity and delay. It also notes that mediation and arbitration may resolve disputes more quickly. How long a matter takes turns on the parties, the records and the court’s calendar.

Why Work With Trust Counsel for a Coral Gables Trust Dispute

Trust Counsel is a Coral Gables firm that focuses on probate litigation, trust litigation, trust administration and fiduciary advice. Its only office is in Coral Gables.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve as a fiduciary.

The firm ties each dispute type to the Florida Trust Code section that governs it. That means the review starts with the statute and the facts in your file.

Clients include local families, business owners with succession concerns, and high-net-worth domestic and foreign families. Trust disputes often connect to estate tax planning, asset protection, business succession and guardianship. When the facts call for it, the firm reviews those areas together with the dispute.

Serving Clients Across South Florida

The firm’s only office is in Coral Gables. It serves clients across South Florida.

• We serve clients in Fort Lauderdale.
• We serve clients in Boca Raton.
• We serve clients in West Palm Beach.
• We serve clients in Doral.
• We serve clients in Kendall.
• We serve clients in Pinecrest.
• We serve clients in Key Biscayne.
• We serve clients in Aventura.

When you call, name the county where the trust is administered and where key assets sit. Bring the trust instrument, any amendments, accountings you have received, and a timeline of key events.

Common Questions About Trust Litigation in Florida

Talk With a Coral Gables Trust Litigation Attorney About Your Dispute

If a trustee has refused an accounting, or a trust amendment looks wrong, book your strategy call with Trust Counsel now. Short deadlines can run after a trustee sends notice, so an early review helps.

Book a strategy call, call (305) 707-7126, or schedule online at Trust Counsel’s contact page.