Trust Litigation Attorney Serving Kendall Clients from Coral Gables

Trust Litigation Attorney for Kendall Clients | Trust Counsel, PL

Trust litigation can refer to a dispute, raised in court or before a lawsuit, about a trust’s validity, its administration, or a trustee’s conduct, and how the term applies depends on the governing trust instrument, applicable Florida law and the facts of each case. Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables. We serve clients in Kendall. This page offers general information about trust matters in Florida. Outcomes depend on the trust instrument, applicable Florida law, and the facts of each case.

What Trust Litigation Involves and Who It Is For

Trust litigation may involve disputes about whether a trust is valid, what its terms mean, or how a trustee administers it, depending on the governing instrument, applicable Florida law, and the facts of each case. The exact issues depend on the trust instrument and Florida law.

The people who may face these questions include beneficiaries, heirs, co-trustees, and family members named in or affected by a trust. Some are simply trying to understand what the trust says.

Depending on the governing instrument, applicable Florida law, and the facts of each case, a trust dispute may concern property held in a trust. A probate dispute may concern a will or an estate administered in probate court, depending on applicable Florida law and the facts of each case. Whether a matter falls on one side or the other depends on the documents and the facts.

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative, depending on the governing instrument and applicable Florida law. The firm itself does not serve as a fiduciary.

Some matters may be referred to another lawyer or firm, depending on the facts.

Matters Leslie V. Marenco May Advise On

Leslie V. Marenco, the firm’s attorney, may advise or represent clients on several kinds of trust disputes, depending on the governing trust instrument, applicable Florida law and the facts of each case.

• Trust validity. In a contest, the contestant may bear the burden of establishing the grounds for invalidity, depending on the governing instrument, applicable Florida law and the facts of each case (Fla. Stat. § 736.0207). Under Florida law, an action contesting the validity of a revocable trust generally cannot be commenced until the trust has become irrevocable, either by its own terms or upon the settlor’s death. How that timing rule applies depends on applicable law and the facts of each case.
• Intent and meaning. Under Fla. Stat. § 736.1101, the settlor’s intent, as expressed in the trust’s terms, may guide the legal effect of the dispositions, depending on the governing instrument, applicable Florida law and the facts of each case. Questions about construing trust language may be brought to court under Fla. Stat. § 736.0201, depending on applicable law and the facts of each case.
• Information and accountings. A trustee may have a duty to keep qualified beneficiaries reasonably informed and, upon reasonable request, may be required to provide a copy of the trust instrument, depending on the governing instrument, applicable Florida law and the facts of each case (Fla. Stat. § 736.0813). An accounting may need to be a reasonably understandable report, depending on the governing instrument, applicable Florida law and the facts of each case (Fla. Stat. § 736.08135).
• Breach of trust. Whether a trustee’s violation of a duty owed to a beneficiary constitutes a breach of trust depends on the governing trust instrument, applicable Florida law and the facts of each case. Depending on the governing instrument, applicable Florida law and the facts of each case, a court may order an accounting or may reduce or deny compensation.
• Removal. Depending on the governing trust instrument, applicable Florida law and the facts of each case, a settlor, a cotrustee or a beneficiary may have standing to request that the court remove a trustee. Whether removal is available depends on the governing instrument, applicable Florida law, and the facts of each case; Fla. Stat. § 736.0706 addresses grounds for removal of a trustee.

How a Trust Dispute May Proceed

A trust dispute may begin with a review of the documents, depending on the governing instrument, applicable Florida law, and the facts of each case. The steps after that depend on the trust instrument, applicable Florida law, and the facts of each case.

1. First consultation. You describe the parties, the trust, and any notices you received. Depending on the matter, the lawyer may identify questions and possible deadlines.
2. Document review. Depending on the matter, the lawyer may review the trust, amendments, accountings, and related correspondence.
3. Options discussion. Options may include an information request, negotiation, or a nonjudicial settlement. Depending on the governing instrument, applicable Florida law and the facts of each case, interested persons may enter a binding nonjudicial settlement agreement, but only to the extent a court could approve its terms.
4. Court filing, if needed. Under the Florida Trust Code, a judicial proceeding involving a trust is generally commenced by filing a complaint, subject to exceptions the code itself provides. How a particular proceeding begins can depend on applicable law and the facts of each case. The Florida Rules of Civil Procedure govern it (Fla. Stat. § 736.0201).
5. Resolution. A matter may end through settlement or a court order. No particular result is promised or predicted.

Timing can matter a great deal. Under Fla. Stat. § 736.1008, a beneficiary may be barred from suing over an adequately disclosed matter unless the case starts within six months after receiving the disclosure or a limitation notice, whichever is later. Contest timing under Fla. Stat. § 736.0604 has its own rules. How these apply depends on applicable law and the facts of each case.

Why Readers Work With Trust Counsel, PL

Trust Counsel, PL is a trusts and estates law firm with one office, in Coral Gables. Leslie V. Marenco is the lawyer named for this practice. Office staff support the practice.

The firm’s areas include trust litigation, trust administration, estate planning, estate tax planning, business succession planning, asset protection, and guardianship. Readers can see how a trust matter may move from a contest to daily administration.

• Plain explanations. This page describes general topics in everyday language.
• Clear roles. The firm advises and represents clients. It does not serve as a fiduciary.
• Fiduciary advising. A professional fiduciary may bring administration skills to a trust. The scope of that role depends on the trust instrument and applicable law.

Fees, Costs, and the Free First Consultation

Fees are agreed between client and attorney according to the scope of work. The scope depends on the documents, the number of parties, and whether a matter resolves without court involvement.

Costs such as court filing fees, service costs, and similar expenses may also apply. These depend on the matter. You can ask about them at your first meeting.

The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions About Trust Litigation in Kendall

Talk With a Coral Gables Trust Litigation Attorney

If a trustee has stopped sending statements, or a trust change has left your family confused, you can start by booking a conversation with our Coral Gables office. Call (305) 707-7126 or schedule online. The first consultation is free, confidential, and carries no obligation to continue. Your options depend on the trust instrument, applicable Florida law, and the facts of your case.