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Presenting a case for breach of fiduciary duty

If you decide to make trusts a part of your estate process, then you are probably going to pick someone as the trustee, or fiduciary, of the trust. That person will be responsible for administering the trust according to any requirements that you provide in writing. Fiduciaries might be professionals in accounting or law or someone from your family or close circle of friends.

In some cases, trustees or other fiduciaries might be appointed by the court or through a probate process. No matter how a fiduciary is chosen, the person takes on a lot of trust and responsibility. The person who is in this position has what is known as a fiduciary duty, and that duty is generally to whoever is named as the beneficiary or beneficiaries of the trust. The trustee must act within the requirements of the trust and in the best interests of both the trust and beneficiaries.

When a trustee fails to uphold his or her fiduciary duty, a breach of that duty has occurred. Many times, a breach of fiduciary duty is cause for a trustee to be removed from his or her position and a new trustee is named in his or her place.

A trustee can't just be removed on the whim of some family members or heirs, though. It has to be proven that the trustee breached fiduciary duty, which isn't always easy to prove. Understanding how to bring such a case to court can help heirs and family members protect a legacy that was left to them in circumstances where a trustee is dipping into funds or using assets in a way that is contrary to the deceased wishes.

Our firm understands the complex litigation involved in breach of fiduciary duty cases. Whether you've been accused of such a breach or believe a trustee associated with your trust has committed a breach, we can help you seek a legal solution to the issue.

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Law Office of Jeffrey B. Pape, P.C.
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