A fiduciary duty is a legal obligation by one party, usually an advisor, director, or representative (“fiduciary”), to act in the best interest of another party. A fiduciary duty exists when a person or entity places trust, confidence, and reliance on the expertise of the fiduciary.  Examples of a person with a fiduciary duty are executors, personal representatives, trustees, guardians, and agents under powers of attorney.

The most common allegations for breach of fiduciary duty against a court-appointed personal representative (also known as an executor) or a trustee are failure to protect the estate assets, mismanagement of the estate assets, and self-dealing. We represent both fiduciaries and beneficiaries in contested matters in probate and trust administration. Contested trust and probate matters are litigated in both the probate and civil courts. It is important to hire an attorney familiar with filing and defending lawsuits in both courts.