What Is a Breach of Fiduciary Duty Lawsuit? Our founder, Scott E. Rahn has been named, Top 100 Trust and Estate Litigation by SuperLawyers, , Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation Trusts and Estates. RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas. Its right there in the name. To ensure favorable results, it is best to involve a beneficiary lawyer both when inspecting accountings and challenging them. If a beneficiary believes a trustee has not fulfilled their fiduciary duties, they may pursue legal action. Let DoNotPay do the work for you! A common example of trustee negligence is that of a trustee who fails to properly invest trust assets or fails to insure them. Sham trusts are sometimes made to create the appearance of distributing funds which are actually being stowed away in personal accounts or otherwise hidden for illicit purposes. During administration, you will be dealing either mostly or exclusively with the trustee, so you should familiarize yourself with the ways in which trustees can breach their duties. Finally, you should review (or have an . Can a trustee sue a beneficiary (the | Legal Advice - LawGuru But a beneficiary must prove that a trustee has breached their fiduciary duty. Courts place a lot of trust in trustees. PROBATE DISPUTE LAW FIRM RMO LLP CONTINUES STRATEGIC EXPANSION. Evidence might include documents, financial records, and witness statements demonstrating the trustees breach of fiduciary duty or mismanagement of trust assets. Trustee and daughters have been going through all of the grantor's personal property and taking what they want and discarding the rest. The timeframe for suing a trustee varies depending on the jurisdiction and the specific claims being made. Contact Hess-Verdon & Associates today to discover how we can secure a results-driven outcome tailored to your needs and objectives. The attorney who's helping you in your role as trustee can also be at that first meeting (for more about whether you should hire an attorney, see The Trustee's Job: The First Six Months). How to Get Along With Beneficiaries When You're a Trustee | Nolo Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo, Communicate Well and Often With Beneficiaries, If You're Both the Trustee and a Beneficiary of the Trust, When a Trustee Must Override a Beneficiary, Getting Additional Help as Trustee of a Trust, fiduciary duty to the trust beneficiaries, See All Wills, Trusts, and Estates Articles, Do Not Sell or Share My Personal Information, get in touch with the beneficiaries early, help them to form realistic expectations of how long it will take to administer the trust, treat their questions as opportunities to engage them (rather than as annoying intrusions), and.
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