Fiduciary Litigation

The basis of fiduciary litigation is the special legal relationship that occurs between persons in certain circumstances. When a fiduciary relationship exists, one person owes the other the highest possible duty of care imposed by law. Familiar fiduciary relationships include: attorney/client, doctor/patient, trustee/beneficiary, executor/legatee, administrator/heir, conservator/ward, guardian/ward, business partner/business partner, board of directors/corporation, and financial professional/client. In these relationships (any many others), the fiduciary must act in the best interests of the other, must refrain from any self-dealing, must avoid conflicts of interest, must act only in good faith, must provide full disclosure, and must undertake other similar duties for the benefit of the other person.

Unfortunately, fiduciaries do not always live up to the high standards imposed on them by the law, and must be held accountable. Sometimes this can be as simple as educating the fiduciary as to their legal duties. However, when a fiduciary’s actions have caused significant damage, or are unwilling to cooperate once the duty has been made known to them, the person to whom the fiduciary owes a duty may bring a lawsuit to enforce the duty, receive compensation for the damage done, and in certain circumstances remove the fiduciary from the relationship.

Our firm’s focus on estate planning, business, and tax law, provides us with intimate knowledge of the duties owed by fiduciaries within these areas of law. We commonly represent persons in litigation who have been harmed by their fiduciaries, and can tackle ancillary issues that often arise amongst fellow beneficiaries, within a related business, or with a taxing authority.  

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