Trust Litigation Guidance for Key Biscayne Beneficiaries, Heirs and Fiduciaries

Trust Litigation Attorney Serving Key Biscayne

If you have a trust dispute, you may want clear answers before you act. Trust litigation covers court or pre-suit disputes about a trust, how it is run, or the people who serve as its fiduciaries. Your options depend on the governing trust instrument, applicable Florida law and the facts of your case.

What Trust Litigation Covers and Who Brings It

Trust litigation is a dispute about a trust, its administration, or the people who serve in it. Whether a specific dispute fits that description depends on the trust terms, Florida law and the facts.

People who may bring trust questions include:

• Beneficiaries who receive, or do not receive, distributions
• Heirs who question how a trust was created or changed
• Trustees and successor trustees who need advice on their duties
• Personal representatives who face claims about an estate

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a fiduciary. That difference matters, because the firm’s role is to advise and represent, not to hold the fiduciary’s office.

Trust Disputes on Which Leslie V. Marenco May Advise

Leslie V. Marenco may advise on several trust disputes, depending on the governing instrument, applicable Florida law and the facts of each case.

• Trust contests. Under Fla. Stat. § 736.0207, 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. Whether a contest of a revocable trust may begin before the trust becomes irrevocable depends on the governing instrument, applicable Florida law and the facts of each case. The statute refers to an exception for an action by the guardian of the property of an incapacitated settlor, and how that exception applies depends on applicable Florida law and the facts of each case.
• Accounting and information requests. Under Fla. Stat. § 736.0813, a trustee may have a duty to keep qualified beneficiaries reasonably informed, depending on the governing trust instrument, applicable Florida law (including rules for revocable trusts while the settlor is living), any limits on modifying disclosure duties by the trust terms, and the facts of each case. Upon reasonable request, the trustee provides a complete copy of the trust instrument. Accounts may need to follow Fla. Stat. § 736.08135, depending on the governing trust instrument, applicable Florida law and the facts of each case. How these duties apply depends on the trust’s terms.
• Breach of trust. Under Fla. Stat. § 736.1001, a violation by a trustee of a duty owed to a beneficiary is a breach of trust. Whether any conduct is a breach depends on the trust terms, applicable law and the facts.
• Removal of a trustee. Under Fla. Stat. § 736.0706, the settlor, a cotrustee or a beneficiary may ask the court to remove a trustee. A serious breach of trust is one listed ground, among others.
• Settlement outside court. Under Fla. Stat. § 736.0111, interested persons may enter a binding nonjudicial settlement agreement. It is valid only to the extent a court could properly approve its terms.

Disputes over a will or an estate’s administration may fall under probate litigation. The same qualifications apply. Some matters may be referred to another lawyer or firm, and the firm will say so when that applies.

How a Trust Matter Usually Moves Forward

A trust matter usually starts with a first consultation, then a document review and a discussion of options. The path depends on the governing trust instrument, applicable law and the facts of your case. The steps below are a general picture, not a fixed schedule.

1. Free first consultation. The first consultation is free, confidential and without obligation to continue. Bring the trust, any will and amendments, accountings and letters you received.
2. Document review. The firm’s lawyers may review these records to identify the issues. The documents that matter depend on the matter.
3. Options discussion. Options may include negotiation, mediation or a court filing. Some deadlines are short. Under Fla. Stat. § 736.1008, a beneficiary may be barred from a breach claim on an adequately disclosed matter unless a proceeding starts within 6 months after receipt of the disclosure document or limitation notice. How this applies depends on the facts of each case.
4. Engagement. Fees are agreed between client and attorney according to the scope of work.
5. Updates. The firm’s lawyers may keep you informed at each decision point.

Early consultation may help you understand your options. It does not assure a particular result or prevent litigation.

Related Services in the Same Trusts and Estates Practice

The firm’s related work covers trust administration, estate planning, business succession, asset protection and guardianship. Each area depends on the facts and governing law.

• Trust administration. Attorneys may advise trustees and personal representatives on administration steps. The steps required depend on the trust terms and Florida law.
• Professional trustee and executor services. The firm does not serve as trustee or personal representative. Trust Counsel’s attorneys can serve individually as trustee or personal representative (often called an executor). A professional fiduciary may bring administrative skill, subject to the governing instrument and applicable law. See trust administration help.
• Whether estate tax planning is relevant to your estate depends on the governing instrument, applicable Florida law, and the facts of each case.
• Business succession and asset protection. The ACTEC trust types overview notes that promotional trust structures may carry tax and creditor-protection risks. Planning choices depend on the business, the family and the law.
• Guardianship. Guardianship matters follow a court process. Outcomes depend on the facts of each case.

Why Work With Trust Counsel, PL on a Key Biscayne Matter

For a trust litigation law firm serving Key Biscayne, the verifiable facts are simple. The firm has one office, a concentration in trust and estate matters, and a named responsible lawyer.

• Office location. The firm’s only office is in Coral Gables, Florida. We serve clients in Key Biscayne.
• Responsible lawyer. Leslie V. Marenco is the lawyer responsible for this page.
• Support staff. Assistants and office staff support the practice.
• Scope. The firm concentrates in the trust and estate practice areas listed on this page.
• Fees. Fees are agreed between client and attorney according to the scope of work. This page states no hourly rate, retainer or price range. Under Fla. Stat. § 736.1004, in certain breach-of-fiduciary-duty actions the court shall award taxable costs, including attorney fees. How this applies depends on the action and the case.
• First consultation. The first consultation is free, confidential and without obligation to continue.

Frequently Asked Questions About Trust Litigation in Key Biscayne

Schedule Your Free First Consultation

If a trust, distribution or accounting in Key Biscayne has you asking hard questions, take the next step now. Call (305) 707-7126 or schedule your free consultation online. The first consultation is confidential and without obligation to continue.

Responsible lawyer: Leslie V. Marenco. Office: Coral Gables, Florida.