Trust Litigation Counsel for Pinecrest Beneficiaries, Heirs and Fiduciaries

What Trust Litigation Covers and Who This Page Is For

Trust litigation is a court dispute or contested matter about a trust, a will, or how an estate is administered. This page explains the basics of trust litigation for readers who are looking for a trust litigation attorney. Trust Counsel, PL focuses on trust and estate matters from its Coral Gables office.

Beneficiaries, heirs, trustees, and personal representatives (often called executors) each ask different questions. A beneficiary may ask what information a trustee must share. An heir may ask whether a trust or will is valid. A trustee or personal representative may ask which duties apply.

The answer in any case depends on the governing instrument, applicable Florida law, and the facts of each case. This page is general information, not advice about a specific trust or estate. Our only office is in Coral Gables, Florida. We serve clients in Pinecrest, but we do not have an office there.

Matters Leslie V. Marenco May Advise or Represent On

Leslie V. Marenco may advise or represent clients on the matters below. Which ones apply depends on the governing instrument, applicable Florida law, and the facts of each case.

• Trust contests. A challenge to whether a trust is valid. Under § 736.0207, the contestant generally has the burden of establishing the grounds for invalidity.
• Trustee accounting disputes. A request for a trust accounting or for information about trust assets. Duties on this point appear in § 736.0813.
• Removal of a trustee. A request asking a court to remove a trustee. Under § 736.0706, a court may remove a trustee on listed grounds, such as a serious breach of trust.
• Breach of fiduciary duty. A claim that a trustee or personal representative failed duties owed to beneficiaries. Under § 733.609, a personal representative’s fiduciary duty matches a trustee’s duty under an express trust.
• Estate disputes. Disagreements about a will, an inventory, or how estate assets are handled.

Guardianship and asset protection can also arise when they connect to a trust or estate question.

Who the Firm Advises and How Roles Differ

Trust Counsel’s lawyer, Leslie V. Marenco, may advise or represent trustees, personal representatives and beneficiaries, depending on the governing instrument, applicable Florida law, and the facts of each case. The firm itself does not serve as a trustee, personal representative, or other fiduciary. Trust Counsel’s lawyer, Leslie V. Marenco, can serve individually as trustee or personal representative, subject to the governing instrument and applicable law.

Roles carry different duties. Under Fla. Stat. § 736.0801, upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code. A personal representative (often called an executor) generally administers a decedent’s estate, subject to the will and Florida law. How any duty applies depends on the document and the facts of each case.

A beneficiary’s rights depend on the same sources. Duties under a will or trust can differ, so the document itself matters.

How a Trust Dispute Matter Generally Proceeds

Matters can move from document review to options and, if needed, to negotiation or court, depending on the governing instrument, applicable law, and the facts of each case. The steps below describe a common sequence, not a fixed one, because the governing instrument, applicable law, and facts shape each matter.

1. Intake and document review. The lawyer reviews the trust or will, amendments, accountings, and correspondence. How long this takes depends on how complete the records are.
2. Assessment. The lawyer compares the documents with applicable Florida law and explains which options may be available.
3. Communication before filing. The lawyer may contact the other side to request information or try to resolve the issue, if that fits the facts.
4. Court proceedings. If needed, filings and hearings follow. The sequence and length depend on the court and the claims.
5. Resolution. A matter may end by agreement, a court order, or a decision after hearing. No particular outcome can be predicted or promised.

Timelines vary and cannot be fixed in advance.

Deadlines, Records, and Early Steps

Deadlines depend on applicable law and the facts of each case, so waiting can narrow the options that remain. Under § 736.1008, a beneficiary may be barred from a breach-of-trust claim on a matter adequately disclosed in a trust disclosure document unless a proceeding is commenced within 6 months after receipt of that document or of a limitation notice, whichever is later. Whether that applies depends on the disclosure and the facts.

Gather the trust or will and any amendments, account statements, inventories, distribution letters, and correspondence with the trustee or personal representative.

Under § 736.0813, a trustee may be required to provide a qualified beneficiary a complete copy of the trust instrument upon reasonable request, depending on the governing trust instrument, applicable Florida law, and the facts of each case. How that applies depends on the trust terms and Florida law.

Early consultation can help you understand your options. It does not, by itself, prevent or reduce litigation.

Why Trust Counsel and What the Practice Offers

For readers considering a trust litigation attorney, the key facts are outlined below. The practice focuses on trust and estate matters for beneficiaries, heirs, and fiduciaries. Its only office is in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page, and support staff assist with office work.

A consultation with Leslie V. Marenco may address a matter from the perspective of a beneficiary or a fiduciary, depending on the governing instrument, applicable law, and the facts of each case. What that means for your matter depends on the governing instrument, applicable law, and the facts.

If your matter may be referred to another lawyer or law firm, the firm will tell you.

Fees, Costs, and the Free Initial Consultation

Fees are agreed between the client and the attorney according to the scope of work. This page does not state hourly rates, retainers, or price ranges. Florida’s reasonableness standard for fees is set out in Rule 4-1.5 of the Rules Regulating The Florida Bar.

Scope depends on the number of documents, whether court filings are needed, and the facts of each case. Costs such as court filing fees may apply in addition to attorney fees, depending on the matter.

A personal representative’s or trustee’s compensation depends on the governing instrument, applicable Florida law, any court order, and the facts of each case.

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

Frequently Asked Questions

Talk With a Coral Gables Trust Litigation Attorney

If a trustee has paused distributions, declined to provide an accounting, or a trust or will is being challenged, you can talk through your options now. Call (305) 707-7126 or schedule online to book your free, confidential initial consultation, with no obligation to continue.

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