Fiduciary Duty

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 …

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What To Do If an Executor Is Not Communicating With Beneficiaries?

If an executor is not communicating with beneficiaries, it can lead to trouble. An executor owes the beneficiaries of the estate they are administering a “fiduciary duty.” This means that the executor must exercise reasonable care and act in the best interests of those beneficiaries.  As part of that fiduciary duty, an executor has a …

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What is fiduciary duty?

Any relationship between two parties in a transaction where at least one of the parties is required to act in good faith and for the benefit of the other party is said to be a fiduciary relationship. One of the most common examples of this is that a lawyer retained by a client, the attorney …

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