Breach Of Fiduciary Duty

One of the chief legal duties of a personal representative to a will (or a trustee to a trust) is to act in a way that is in the financial best interests of will or trust beneficiaries. This general legal duty is referred to as the fiduciary duty.

This frequently becomes the center of estate litigation when family members or other interested parties become concerned about how a personal representative or trustee is handling the affairs of an estate or trust. While misunderstandings may often be resolved informally, in some cases formal litigation is the only way to resolve disputes and ensure the proper administration of an estate or trust.

At Kuhn Law Firm, P.A., our attorneys have experience both providing general counsel to individuals and families in Florida, and aggressively litigating for our clients when they are involved in lawsuits concerning estate documents.

'What Does A Breach Of Duty Look Like?'

No one denies that the responsibilities of a personal representative or trustee are easy. Handling estate or trust assets can be challenging for anyone, and those who are not directly involved in administration matters may have even less understanding of the legal duties.

Some examples of circumstances that result in claims of breach of fiduciary duty include:

  • Engaging in "self-dealing," which is when a representative/trustee takes actions that benefit him or her personally to the detriment of the estate/trust
  • Outright seizure of assets for personal use
  • Overpayment for administration expenses
  • Poor investment decisions that negatively impact the estate/trust

These are only some of the situations that might lead interested parties to believe that a fiduciary duty has been breached. No matter which side of a claim you are on, our experienced Florida lawyers are ready to represent your interests. Call 239-344-9430 (877-243-1624 toll free) or email us to arrange a free consultation at our Fort Myers office.