Related Definitions
What is a Breach of Fiduciary Duty?
A fiduciary duty is a responsibility an executor, administrator, personal representative, trustee, attorney-in-fact under a power of attorney or other agent has to act in the best interests of the principal or the beneficiaries of their estate and fulfill the principal’s wishes. A fiduciary breach occurs when a fiduciary fails to discharge one of their fiduciary obligations.
A breach of fiduciary duty occurs when a fiduciary fails to act in the best interests of the party they represent, typically resulting in harm or loss. This breach can happen in various contexts, such as when an executor mismanages estate assets, a trustee misuses trust funds, or an agent acts contrary to a principal’s interests. Legal action can be taken against the fiduciary for damages, and establishing a breach of fiduciary duty is essential for holding responsible parties accountable for their actions.
Navigating Fiduciary Duties?
RMO can help you defend or pursue a claim of breach of fiduciary duty.
Serving clients across California and Texas
Related Articles
Insights and advice on trust and probate estate litigation from our blog.
- Inheritance Disputes
- 17 min read
How to Handle Sibling Disputes Over Inheritance
- Published on
Key Takeaways Introduction Determining the proper way to distribute assets to beneficiaries can be a difficult process after a loved one dies. Siblings may [...]
Key Takeaways Introduction Determining the proper way to distribute assets to beneficiaries can be a difficult process after a loved one dies. Siblings may […]
- Undue Influence
- 16 min read
Trust Contests: How to Prove Undue Influence
- Published on
Key Takeaways Introduction Undue influence is the act where one party takes advantage of the vulnerability of another for their own selfish gain at [...]
Key Takeaways Introduction Undue influence is the act where one party takes advantage of the vulnerability of another for their own selfish gain at […]
- News
- 1 min read
Founding Partner Scott E. Rahn Named to Chambers & Partners’ 2025 High Net Worth Guide
- Published on
Scott E. Rahn, Founding Partner of California and Texas probate litigation law firm RMO LLP, has been named to Chambers & Partners’ 2025 High [...]
Scott E. Rahn, Founding Partner of California and Texas probate litigation law firm RMO LLP, has been named to Chambers & Partners’ 2025 High […]
- News
- 1 min read
RMO LLP Recognized in Chambers & Partners’ 2025 High Net Worth Guide
- Published on
California and Texas probate litigation law firm RMO LLP announced today that it has been recognized as a leader in Private Wealth Disputes in [...]
California and Texas probate litigation law firm RMO LLP announced today that it has been recognized as a leader in Private Wealth Disputes in […]
- Trust Administration
- 18 min read
Community Property Trusts in California: What You Need to Know
- Published on
Key Takeaways Introduction In a community property state like California, community property trusts can be a beneficial estate planning tool for married couples. These [...]
Key Takeaways Introduction In a community property state like California, community property trusts can be a beneficial estate planning tool for married couples. These […]
- Estate Administration
- 19 min read
Probate for Real Estate in California
- Published on
Key Takeaways Introduction Real estate property is often one of the most valuable assets administered during probate—these may include a primary residence, vacation home, [...]
Key Takeaways Introduction Real estate property is often one of the most valuable assets administered during probate—these may include a primary residence, vacation home, […]
- Estate Executors and Administrators
- 16 min read
Common Executor Mistakes
- Published on
Key Takeaways Introduction During the probate administration process, an executor plays a crucial role and has significant responsibility, including marshaling and inventorying all assets, [...]
Key Takeaways Introduction During the probate administration process, an executor plays a crucial role and has significant responsibility, including marshaling and inventorying all assets, […]
- Trust Administration
- 20 min read
What Happens to a Revocable Trust When the Grantor Dies?
- Published on
Executive Summary Introduction A trust is a fiduciary arrangement where the title of assets are placed under the control of a third party known [...]
Executive Summary Introduction A trust is a fiduciary arrangement where the title of assets are placed under the control of a third party known […]
- Trustees
- 13 min read
How to Handle a Trustee Not Acting in Beneficiaries’ Best Interest
- Published on
Executive Summary Learning How to Address a Trustee Not Acting in a Beneficiary’s Best Interest A trustee not acting in the beneficiaries’ best interest [...]
Executive Summary Learning How to Address a Trustee Not Acting in a Beneficiary’s Best Interest A trustee not acting in the beneficiaries’ best interest […]
- Trust Administration
- 8 min read
Affidavit of Successor Trustee California: What to Know
- Published on
Key Takeaways Introduction A successor trustee is an individual who takes over the administration of an estate from the originally identified trustee after they [...]
Key Takeaways Introduction A successor trustee is an individual who takes over the administration of an estate from the originally identified trustee after they […]
- Trustees
- 16 min read
Co-Trustee Problems: Common Disputes and Resolutions
- Published on
Key Takeaways What Are Co-Trustees Co-trusteeship refers to the appointment of multiple trustees to manage and administer a trust, which is a legal arrangement [...]
Key Takeaways What Are Co-Trustees Co-trusteeship refers to the appointment of multiple trustees to manage and administer a trust, which is a legal arrangement […]
- Breach of Fiduciary Duty
- 13 min read
What Constitutes a Breach of Fiduciary Duty?
- Published on
Key Takeaways Introduction When a professional serves in a fiduciary role they have a responsibility to do the best possible job for the client [...]
Key Takeaways Introduction When a professional serves in a fiduciary role they have a responsibility to do the best possible job for the client […]