Trust Litigation Attorney Serving Fort Lauderdale Clients

Trust Litigation Attorney: We Serve Clients in Fort Lauderdale

Trust litigation is a dispute about a trust, its trustee, its beneficiaries or the document that created it. Trust Counsel, PL is a Coral Gables firm whose lawyers advise and represent beneficiaries, heirs and fiduciaries in these matters. For Fort Lauderdale readers looking for a trust litigation law firm Fort Lauderdale residents can reach, this page explains the options. What happens next depends on the trust instrument, applicable Florida law and the facts of each case.

What trust litigation covers and who it serves

Trust litigation covers disputes that arise under a trust, either before a lawsuit or in court. It can involve accountings, distributions, a trustee’s conduct or the validity of the trust itself.

A matter may begin with a letter asking for records or with a formal court filing. Many people first want to know what information they can request. The answer depends on the trust terms and Florida law.

Beneficiaries, heirs, successor trustees, personal representatives and other fiduciaries may all consult the firm. Their rights and options depend on the governing instrument and Florida law.

The firm advises and represents trustees, personal representatives and beneficiaries. The firm does not serve as trustee or personal representative itself. Trust Counsel’s attorneys can serve individually as trustee or personal representative, and that individual role is separate from the firm’s advisory work.

The firm’s lawyers may advise or represent clients, subject to the trust instrument and the facts of each case. No outcome is promised.

Common trust disputes the firm’s lawyers advise on

Disputes often center on information, conduct, validity, pay or control of the trust. Each one depends on the trust terms and Florida law.

• Accountings. Under Fla. Stat. § 736.0813, a trustee of an irrevocable trust must keep qualified beneficiaries reasonably informed. The trustee must also provide a complete copy of the trust instrument on reasonable request. The statute has its own exceptions, so its reach depends on the facts.
• Accounting content. Under Fla. Stat. § 736.08135, a trust accounting must be a reasonably understandable report. It must show, among other items, compensation paid to the trustee and the trustee’s agents.
• Breach of duty. Under Fla. Stat. § 736.1001, a trustee’s violation of a duty owed to a beneficiary may be treated as a breach of trust, depending on the governing trust instrument, applicable Florida law, and the facts of each case. The court may then order remedies in its discretion. Whether a breach occurred depends on the facts.
• Loyalty. Under Fla. Stat. § 736.0802, a trustee must administer the trust solely in the beneficiaries’ interests. The statute has exceptions, and the trust’s terms also matter.
• Validity. Under Fla. Stat. § 736.0207, the contestant has the burden of establishing the grounds for invalidity. A contest to a revocable trust’s validity may not start until the trust becomes irrevocable by its terms or by the settlor’s death.
• Removal. Under Fla. Stat. § 736.0706, the settlor, a cotrustee or a beneficiary may ask the court to remove a trustee. The statute lists the grounds, and whether they apply depends on the facts.
• Compensation. Under Fla. Stat. § 736.0708, if a trust does not specify compensation, a trustee is entitled to compensation that is reasonable under the circumstances. If the trust does specify it, the court may allow more or less in the situations the statute lists.

Disputes can also arise between co-trustees or family members during administration. The path forward depends on the instrument and the facts.

How a trust dispute may proceed

A trust dispute may move through intake, review and, if needed, court. The actual sequence depends on the trust, the law and the facts.

1. Intake. A confidential review of the trust, any amendments, prior accountings and letters or emails between the parties.
2. Analysis. The lawyers review the governing instrument and applicable Florida law. They then discuss possible options.
3. Pre-suit steps. Letters or negotiation may be used where the facts and the instrument support them.
4. Court. If needed, a filing follows. Keep a written record of every request you make and when you made it.

Deadlines matter. Under Fla. Stat. § 736.1008, claims for breach of trust may be barred as provided in chapter 95 for matters adequately disclosed in a trust disclosure document. The period begins on receipt of adequate disclosure. A written limitation notice may refer to a 6-month period. Whether a notice applies depends on its wording and the facts of each case.

The number of parties, the records available and the court’s calendar may all affect timing. No timeline is fixed in advance.

Serving Fort Lauderdale clients from the Coral Gables office

We serve clients in Fort Lauderdale. The firm’s only office is in Coral Gables, Florida.

Fort Lauderdale residents can reach the firm by phone at (305) 707-7126 or through the online scheduling page. The firm’s lawyers may advise or represent clients in Florida matters, subject to the trust instrument and applicable law.

If a matter will be referred to another lawyer or law firm, the firm will tell you. Ask at the start about where the matter will be handled and by whom.

How fees are agreed and what the free consultation covers

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

Filing fees and other third-party costs may also apply. Ask the attorney what the fee covers and what it leaves out before you agree to anything.

The initial consultation is free, confidential, and without obligation to continue. Responsible lawyer: Leslie V. Marenco. Office location: Coral Gables, Florida.

A trustee’s pay depends on the trust terms, the statute and any court order. The facts of your case will shape how those sources apply.

Why reviewing a trust dispute with Trust Counsel

Trust Counsel focuses on trust, estate and fiduciary matters from its Coral Gables office. Leslie V. Marenco is the attorney responsible for this page.

The practice has support staff who help with document organization and scheduling. Those tasks make the review of records more orderly for both the client and the attorney.

A professional fiduciary may bring organized administration and record-keeping to a matter. Whether that helps depends on the governing instrument and applicable law.

No results are promised. Each matter turns on its own documents and facts. Trust Counsel is a trust litigation law firm Fort Lauderdale clients can contact to review a specific situation.

Questions before you call

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

Do I need a lawsuit to get advice? Not always. Your options depend on the trust instrument, Florida law and the facts.

Can a beneficiary ask for a copy of the trust? Possibly. Whether a trustee must provide a copy of the trust on request depends on the governing trust instrument, applicable Florida law, and the facts of each case.

Can the firm serve as my trustee? No. The firm does not serve in that role. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

How long does a trust dispute take? Timing depends on the facts, court schedules and the parties’ positions.

If a trustee has stopped sending accountings or a distribution has you questioning the trust, call (305) 707-7126 or schedule your free initial consultation to talk through your options.