Trust Litigation Guidance for Boca Raton Beneficiaries, Heirs and Fiduciaries

Trust Litigation Law Firm Boca Raton

Trust litigation is a dispute about a trust’s terms, how the trust is run, or what a trustee has done. Whether a claim exists, and what can be done about it, depends on the trust instrument, Florida law, and the facts of each case. Trust Counsel, PL focuses on trusts and estates matters for clients in Boca Raton. Its only office is in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page.

What Trust Litigation Involves and Who It Serves

Trust litigation covers court and pre-suit disputes over a trust’s validity, administration, or distribution. Florida’s trust code says a judicial proceeding about a trust may address these questions. That includes appointing or removing a trustee and reviewing accounts (Florida trust code on court proceedings). Who may bring a claim depends on the trust terms and Florida law.

These readers often raise trust questions:

• Beneficiaries who want information or an accounting
• Heirs who question how assets are being handled
• Trustees who need advice about their own duties
• Personal representatives (often called executors) facing a claim tied to an estate
• Family members who disagree about what a trust says

We serve clients in Boca Raton. Our only office is in Coral Gables, Florida.

Trust Disputes Where Leslie V. Marenco May Advise or Represent Clients

Leslie V. Marenco may advise or represent clients on trust disputes, probate disputes, and fiduciary matters, subject to the governing instrument and applicable law. Whether that work fits a given matter depends on the governing instrument, applicable law, and the facts of each case.

• Trust litigation: disputes over trust terms, amendments, accountings, distributions, and a trustee’s administration.
• Probate and fiduciary litigation: will contests and disputes with a personal representative, including claims about fiduciary duties as the instrument and Florida law define them.
• Guardianship and trust administration advice: for trustees and beneficiaries, subject to scope and applicable law.

Estate tax planning and business succession planning are related planning topics. This page does not cover them.

In an action to contest a trust’s validity or revocation, the contestant has the burden of establishing the grounds for invalidity (Florida trust contest statute). How that burden applies depends on the facts. Some matters may be referred to another lawyer or firm. Leslie V. Marenco may advise or represent clients, depending on the governing instrument, applicable law, and the facts of each case.

How a Trust Litigation Matter May Proceed

A trust matter may start with a review of documents and the questions the client raises. The actual steps depend on the case.

1. Document review. The trust instrument, amendments, schedules, accountings, and letters may be reviewed.
2. Assessment. The lawyer may identify possible claims, defenses, and deadlines, qualified by applicable law and the facts.
3. Early steps. These may include a demand letter, negotiation, or mediation where the parties or a court require it.
4. Court filing. Florida’s trust code says judicial proceedings about trusts are commenced by filing a complaint. They are governed by the Florida Rules of Civil Procedure, subject to listed exceptions (Florida trust code on court proceedings).
5. Further steps. Discovery, hearings, and motions occur only if the case calls for them.

Timelines vary. No fixed length applies to every trust dispute, and the pace depends on the facts.

Can a Trust Be Sued in Florida?

Claims about a trust are often directed at the trustee. The right party to name depends on the claim, the trust instrument, and applicable Florida law.

Deadlines depend on the facts. Florida law bars a beneficiary from suing over a matter that was adequately disclosed in a trust disclosure document unless the proceeding starts within 6 months after receipt of that document or a limitation notice, whichever is later (Florida trust limitations statute). How that applies to your facts depends on applicable law.

A contest of a trust that was revocable at the settlor’s death is also limited in time. It may be barred unless started within the earlier of the time under chapter 95 or six months after the trustee sends a copy of the instrument and a notice (Florida revocable trust contest limit).

Before a consultation, it can help to gather the trust document, any amendments, accountings, and letters. This is useful preparation, not a requirement.

How Attorney Fees Are Determined

Fees are agreed between client and attorney according to the scope of work. This page does not list hourly rates, retainers, or price ranges.

Scope often depends on:

• How complex the trust terms or accounting are
• How many parties are involved
• How many documents need review
• What stage the matter is in
• Whether court proceedings are needed

Costs such as court filing fees and related expenses may be owed in addition to attorney fees. The engagement agreement describes them. Fees are agreed between client and attorney according to the scope of work.

Fee awards in court follow a separate rule. In certain fiduciary actions, the court shall award taxable costs, including attorney fees. The court may direct who pays them (Florida trust attorney fee statute). Whether that applies depends on the claim and the facts.

There is no single average cost of a trust in Florida. Cost depends on the instrument, the assets, and the work required. A lawyer may also be compensated for serving as a trustee or personal representative. Legal and fiduciary services may involve separate fees (ACTEC on lawyers as trustees). Any fiduciary compensation depends on the instrument, court orders, and the facts.

What Sets Trust Counsel, PL Up for Boca Raton Trust Disputes

Trust Counsel, PL is a trust litigation law firm that focuses on trusts and estates matters. Leslie V. Marenco may advise or represent beneficiaries, heirs, and fiduciaries, subject to the governing instrument and applicable law.

The firm advises and represents trustees, personal representatives, and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve as a fiduciary.

Support staff, including assistants and office staff, help with scheduling, intake, and document organization. Leslie V. Marenco is the lawyer named on this page.

For Boca Raton clients, the firm works by phone, by email, or in scheduled meetings as arranged. The office is in Coral Gables.

Questions Boca Raton Clients Ask Before Calling

What is the difference between trust litigation and probate litigation? Trust litigation usually concerns a trust’s terms and administration. Probate litigation usually concerns an estate. Which label fits depends on the instrument, the assets, and the claims.

Do I need a lawyer to review a trust document? That depends on the document, your question, and applicable Florida law.

Can a beneficiary request a trust accounting? A trustee’s duty to provide information about the trust may depend on the governing trust instrument, applicable Florida law, and the facts of each case. The right to accountings and their scope depend on the trust terms, Florida law, and the facts.

How long does a trust dispute take? Timing varies by case. No fixed timeline applies.

Can the firm promise a result? No lawyer can promise a particular outcome. Results depend on the instrument, applicable law, and the facts.

Is the first call confidential? Yes. The free first consultation is confidential and without obligation to continue.

Talk With a Trust Litigation Lawyer About Your Boca Raton Matter

A free first consultation is available for Boca Raton readers facing a trust question. Perhaps you received an accounting, a demand, or a trust document that raises questions. You may need to decide whether to respond now. Call (305) 707-7126 or schedule online to book your free first consultation.

The free first consultation is confidential and without obligation to continue. Responsible lawyer: Leslie V. Marenco, Trust Counsel, PL, Coral Gables, Florida. Some matters may be referred to another lawyer or firm.