Trust litigation guidance for Doral beneficiaries, heirs and fiduciaries

Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables, Florida. Leslie V. Marenco advises and represents beneficiaries, heirs and fiduciaries in trust litigation, subject to the governing instrument and applicable law. We serve clients in Doral. Trust litigation means a dispute over a trust’s validity, its terms, its administration or a trustee’s conduct. What a claim allows depends on the governing trust instrument, applicable Florida law and the facts of each case.

What Trust Litigation Covers and Who It Is For

Trust litigation covers disputes that reach a court or come up before a lawsuit is filed. It usually matters to people who hold a stake in a trust or who answer for one.

• Beneficiaries who want information about a trust or its assets
• Heirs who question whether a trust reflects the settlor’s wishes (the person who created the trust)
• Co-trustees and successor trustees who disagree about how to administer the trust
• Family members who believe a trustee’s decision was improper

Trust litigation sits beside probate litigation and trust administration. Probate matters often involve assets passing through a decedent’s estate under a personal representative. Trust matters often involve assets held in a trust. Some disputes cross both areas, so the right path depends on the documents. You can read more about trust litigation and probate litigation.

Trust Disputes Our Attorney Can Advise On

Leslie V. Marenco can advise on several common matter types. Each one turns on the trust instrument, Florida law and the facts.

• Trust contests. A contest challenges whether a trust, or part of one, is valid or was revoked. Under Fla. Stat. § 736.0207, the contestant has the burden of establishing the grounds for invalidity.
• Accountings and information. Beneficiaries may ask for trust information. A trustee’s duty to keep qualified beneficiaries informed depends on the governing trust instrument, applicable Florida law, and the facts of each case.
• Breach of fiduciary duty. As between a trustee and beneficiaries, Fla. Stat. § 736.0802 says the trustee administers the trust solely in their interests. How that applies depends on the trust and the facts.
• Trustee removal. Under Fla. Stat. § 736.0706, the settlor, a cotrustee or a beneficiary may ask the court to remove a trustee. The statute lists grounds, including a serious breach of trust.

Leslie V. Marenco may advise or represent trustees, personal representatives and beneficiaries in these matters, subject to the governing instrument and applicable law. Leslie V. Marenco can serve individually as trustee or personal representative, depending on the governing instrument and applicable Florida law. The firm does not serve as a fiduciary itself.

How the Trust Litigation Process Works

Most matters follow the same basic steps: a call, a document review, a deadline check, an options discussion and a chosen path. Timing varies with each matter.

1. Strategy call. You describe the trust, the dispute and your timeline. The strategy call is offered at no charge. It is a conversation, not a promise of any result, and it does not by itself create an attorney-client relationship.
2. Document review. Your lawyer reviews the trust instrument, amendments, accountings, notices and correspondence. Missing papers can slow the work.
3. Deadline check. Timing rules can apply. Under Fla. Stat. § 736.0604, 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 a trustee sends the required notice. Under Fla. Stat. § 736.1008, a six-month period can also run from receipt of a trust disclosure document or limitation notice. Whether either applies depends on the notices received and the facts of each case.
4. Options. Depending on the facts, options may include negotiation, a nonjudicial settlement agreement, or a court filing. Under that statute, an agreement among the trustee and beneficiaries is valid only to the extent a court could properly approve its terms. For a general overview of irrevocable trust modification and court involvement, see the American College of Trust and Estate Counsel.
5. Next steps. Your lawyer keeps you updated as the matter moves. Court schedules and the parties’ positions can affect the pace of a trust dispute, depending on the governing trust instrument, applicable Florida law and the facts of each case.

How Trust Litigation Fees Are Determined

Fees are agreed between client and attorney according to the scope of the work. Scope depends on the facts of each case.

Factors that usually shape scope include:

• The complexity of the trust and its assets
• The number of parties and their positions
• Whether a court filing is needed
• How much document review and discovery the matter requires

Costs beyond attorney fees may apply, such as court filing fees or appraisal costs. Your attorney explains in writing what the engagement covers and which costs you may owe.

Court-ordered fees are a separate question. Under Fla. Stat. § 736.1004, in actions for breach of fiduciary duty or challenging a trustee’s powers, costs, including attorney fees, are awarded as in chancery actions, and the court determines which party pays, depending on the governing trust instrument, applicable Florida law and the facts of each case. The court may direct payment from a party’s trust interest or other property. Whether any award applies depends on the case.

Serving Doral From Our Coral Gables Office

We serve clients in Doral, and our only office is in Coral Gables, Florida. Meetings are held by appointment at that office. Remote consultations may be possible where appropriate.

Doral sits in Miami-Dade County. Under Fla. Stat. § 736.0204, trust venue may lie in a county where venue is proper under chapter 47, where the suing or sued beneficiary resides or has its principal place of business, or where the trust has its principal place of administration. Which county fits depends on where the trust is administered and where the parties live.

Trust-related work can also overlap with trust administration matters, which Leslie V. Marenco may advise on as well.

Why Trust Counsel, PL: What the Firm Can Verify

Trust Counsel, PL focuses on trust and estate matters. Leslie V. Marenco focuses on these areas:

• Probate litigation
• Trust litigation
• Advice to professional trustees and to personal representatives (often called executors)
• Trust administration
• Estate tax planning
• Business succession planning
• Asset protection
• Guardianship
• Estate planning

Leslie V. Marenco advises and represents beneficiaries, heirs, trustees and personal representatives, subject to the governing instrument and applicable law.

A professional trustee may bring particular administration skills. That benefit depends on the governing instrument and applicable law.

Frequently Asked Questions About Trust Litigation in Doral

Talk With a Trust Litigation Attorney About Your Situation

If a trustee has not sent an accounting since a parent died, or a trust term is unclear to you, a short review can show which timelines may apply. Call Trust Counsel, PL at (305) 707-7126 or request a free strategy call through our contact page.