{"id":1678,"date":"2026-10-17T07:29:19","date_gmt":"2026-10-17T07:29:19","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/probate-litigation-attorney\/pinecrest\/"},"modified":"2026-11-04T00:57:45","modified_gmt":"2026-11-04T00:57:45","slug":"pinecrest","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/probate-litigation-attorney\/pinecrest\/","title":{"rendered":"Probate Litigation Attorney Pinecrest: Your Options"},"content":{"rendered":"\n
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Probate Litigation | Pinecrest, Florida<\/p>

Probate Litigation Help for Pinecrest Families<\/h1>

Trust Counsel, PL is a Coral Gables firm that focuses on probate and trust litigation. We serve clients in Pinecrest from our Coral Gables office.<\/p>

Schedule a Consultation<\/a><\/div>
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Focused Practice<\/h3>

Trust Counsel, PL focuses on probate and trust litigation, along with related trusts and estates matters.<\/p><\/div>

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Coral Gables Office<\/h3>

Our single office is in Coral Gables. We serve clients in Pinecrest from that location.<\/p><\/div>

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Lawyer-Led Matters<\/h3>

Marenco is the lawyer at the firm, supported by office staff who help clients with scheduling and day-to-day communication.<\/p><\/div><\/div>\n\n<\/div>\n\n\n

Marenco \u00b7 Published October 17, 2026<\/p>\n\n

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If you need a probate litigation attorney Pinecrest families can call, start with the basics. Probate litigation is a court dispute over an estate, a will, or a trust. Trust Counsel, PL is a Coral Gables firm that focuses on probate and trust litigation. We serve clients in Pinecrest from our Coral Gables office. This guide covers common issues, time limits to check, how fees are set, and what to prepare before you call.<\/p>\n

What Probate Litigation Covers for Pinecrest Families<\/h2>\n

Probate litigation covers disputes that reach a court during the estate process<\/a>. Common examples include a challenge to a will, a complaint about a personal representative’s conduct, a claim against the estate, and a disagreement over an accounting.<\/p>\n

What you can do, and how a court handles it, depends on the governing will or trust, applicable Florida law, and the facts of each case. Two families with similar disputes can still face different paths.<\/p>\n

Trust Counsel’s attorneys focus on probate and trust litigation. The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve in either role.<\/p>\n

For more on this work, see our probate litigation attorney<\/a> page.<\/p>\n\n

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Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Common Grounds for Will and Trust Disputes<\/h2>\n

A will or trust challenge can raise questions about capacity, fraud, duress, mistake, or undue influence. Whether any of these applies depends on the document and the facts of each case.<\/p>\n

Florida law says a will is void if its execution was procured by fraud, duress, mistake, or undue influence. The rest of the will may still be valid if it is not invalid for other reasons, under \u00a7 732.5165<\/a>.<\/p>\n

Burden of proof follows a set order in a will contest. The proponent must first establish formal execution and attestation. After that, the contestant must establish the grounds opposing probate, under \u00a7 733.107<\/a>. That statute also describes an undue influence presumption that shifts the burden in certain fiduciary or confidential relationships. How it applies depends on the facts.<\/p>\n

Trust challenges follow their own rules. The contestant generally has the burden of establishing grounds for invalidity, under \u00a7 736.0207<\/a>. Timing also matters. A will contest cannot start before the person who made the will dies, under \u00a7 732.518<\/a>.<\/p>\n

Start with your papers. Gather the will, any trust and its amendments, and beneficiary designations. For trust disputes, see our trust litigation attorney<\/a> page.<\/p>\n

Issues That May Arise in a Florida Estate With Pinecrest Ties<\/h2>\n

Estate disputes can center on asset values, the timing of distributions, accountings, and creditor claims. These issues can arise in an estate with Pinecrest ties, but they are not limited to any one city.<\/p>\n

Beneficiaries may ask for information. Under \u00a7 733.604<\/a>, a beneficiary may request a written explanation of how an inventory value was set. The scope depends on the beneficiary’s category.<\/p>\n

A personal representative owes a fiduciary duty. Under \u00a7 733.609<\/a>, that duty is the same as a trustee’s duty of an express trust. The personal representative can be liable to interested persons for loss from a breach. How far that duty reaches depends on the will, Florida law, and the facts.<\/p>\n

Florida also lists causes for removing a personal representative, such as failure to account for property sales or maladministration of the estate, under \u00a7 733.504<\/a>. Whether a listed cause applies depends on the facts.<\/p>\n

A personal representative may receive a commission for ordinary services. Extra pay for extraordinary services, such as litigation, is also possible under \u00a7 733.617<\/a>. Any amount depends on the statute, the will, court orders, and the facts.<\/p>\n

Professional individuals may serve as fiduciaries. For that role, see professional trustee services.<\/p>\n

How Timing and Deadlines Work in Probate Disputes<\/h2>\n

Florida sets several time limits. How each one applies depends on the notices you received and the facts of your case.<\/p>\n

After a notice of administration, an interested person generally must object to the will’s validity, venue, or jurisdiction within 3 months after service. The statute ties that window to the notice, as stated in \u00a7 733.212<\/a>.<\/p>\n

Creditor claims have their own window. Under \u00a7 733.702<\/a>, a claim is generally binding only if filed within the period the statute sets, subject to its other provisions.<\/p>\n

Notice to creditors is published in a particular way. \u00a7 733.2121<\/a> requires publication once a week for 2 consecutive weeks in a newspaper in the county where the estate is administered.<\/p>\n

A trust contest has its own limit. Under \u00a7 736.0604<\/a>, a contest of a trust that was revocable at the settlor’s death can be barred. The timing depends on chapter 95 and on whether the trustee sent the required notice.<\/p>\n

Whether a missed deadline affects a claim depends on the governing instrument, the statute, the notice you received, applicable Florida law and the facts of each case. Bring notices, court papers, and key dates to a consultation. An early review can help organize your options, but it does not assure any particular result.<\/p>\n

How a Probate Litigation Matter Is Typically Approached<\/h2>\n

A probate matter often moves through document review, option analysis, and then negotiation or court action. The order depends on the governing instrument, applicable law, and the facts of each case.<\/p>\n

Trust Counsel’s lawyers may advise or represent clients through these steps:<\/p>\n