Fiduciary Law

Fiduciary Compliance–A Fiduciary is a person who has a duty to act primarily for another’s benefit and is responsible for appropriately managing the finances and property of that person. A Fiduciary’s obligation is to act in the best interests of the protected person as well as to any existing/future beneficiaries. A Fiduciary must act with good faith, trust, special confidence and candor. Examples of Fiduciary Relationships are Personal Representatives of Estates, Conservators, Attorneys-In Fact, Trustees and Administrators.

Should you find yourself in a Power of Attorney or in the role of a Personal Representative, Conservator or Trustee, it is important to have a good attorney assist you in carrying out your duties as a Fiduciary. Our firm has extensive experience in preparing accurate Inventories and Accounts, handling the sale of property, preparing tax returns as well as a myriad of financial transactions for which a Fiduciary is responsible. We are dedicated to providing prompt and cost effective aid to enable our clients to fulfill their fiduciary obligations.

Fiduciary Litigation– A Fiduciary is held to the highest standard of law and a breach of Fiduciary duty makes that person liable for any damage caused by such breach. Examples of a breach of fiduciary duty are undue influence, financial misfeasance, inaccurate accounting or making poor or improper investment choices. Also, accusations of self-dealing such as selling property for less than fair market value, personal use of property and in rare circumstances, stealing assets. In the event a breach of fiduciary duty is alleged, we are highly experienced in defending the Fiduciary against such claims. Conversely, we have successfully and cost effectively prosecuted claims against fiduciaries for breach of duty. Our experience representing fiduciaries and prosecuting breach of fiduciary duty claims provides us with a unique insight that often translates to a successful verdict or settlement.