What Is a Breach of Fiduciary Duty Lawsuit?
A fiduciary duty is a legal obligation that one party has to another to act in their best interests. This duty is typically seen in relationships where there is a power imbalance, such as between the trustee and beneficiaries of a trust or an executor and the beneficiaries of an estate. When acting as a […]
How Do I Recover My Stolen Inheritance?
If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand your legal options and what type of proof you will need to recover your stolen inheritance successfully. The steps you will need to take to address the theft depend on how […]
Understanding Tortious Interference & How To Prove It
Executive Summary Introduction Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While it is usually associated with business contracts, wills and trusts can be subject to tortious interference in some states, like California. An inheritance can be a significant financial event in your […]
Is Breach of Fiduciary Duty a Crime in Florida?
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person. A fiduciary relationship exists whenever one person places confidence and trust in and is at some level […]
What Is a Lady Bird Deed?
A Lady Bird Deed, also known as an enhanced life estate, is a type of real property interest. It grants ownership rights to one person ( the “life tenant”) during their lifetime and confers a future interest in the property to another person (the “remainderman”). A traditional life estate cannot be revoked or otherwise changed […]
What Is a Dynasty Trust?
Key Takeaways Introduction In cases where an individual has considerable assets that they want to pass down to their family for generations to come, a standard living trust may not be sufficient for limiting the size of the taxable estate. In contrast, a typical living trust passes assets only to a grantor’s immediate beneficiaries, who […]