Executors and administrators have a duty to act in the best interests of an estate and the beneficiaries outlined by a will. RMO Lawyers has over two decades of experience in handling breach of fiduciary duty cases. We provide guidance for executors and administrators in navigating these duties as well as for beneficiaries who have been impacted by a breach of fiduciary duty.
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 executor or administrator and beneficiaries of an estate.
Fiduciary duty requires that executors act in the best interests of the estate while preserving the wishes of the decedent, and a breach of this duty threatens the rights of beneficiaries of the estate.
If an executor violates this duty, they open themselves up to potential lawsuits or litigation from interested parties in the will. Our lawyers will help interested parties identify cases of breaching fiduciary duty and represent them in seeking resolution.
A breach of fiduciary duty by an executor or administrator can look different depending on the circumstances. At RMO, our lawyers handle all the following aspects.
Fiduciary duty requires that executors act in the best interests of the estate while preserving the wishes of the decedent, and breach of this duty, threatens the rights of beneficiaries of the estate.
If an executor violates this duty, they open themselves up to potential lawsuits or litigation from interested parties in the will. Our lawyers will help interested parties identify cases of breaching fiduciary duty and represent them in seeking restitution.
There are several types of breaches of fiduciary duty, but Types of breaches include conflicts of interest, mismanagement of assets, biased actions, and negligence. RMO Lawyers will support clients in raising contests against any of these types of breaches by gathering evidence, building a case, and seeking restitution.
Consequences of breaching one’s fiduciary duty include removal or suspension of the administrator or executor from their duties. In cases of asset mismanagement or self-dealing, fiduciaries may be responsible for paying damages or returning assets. Our attorneys will represent beneficiaries and heirs to pursue the appropriate consequences.
Common situations that often lead executors and administrators into breaching their fiduciary duties include conflicts of interest and bias against an heir. However, one of the most common scenarios is a lack of understanding of their legal responsibilities. RMO Lawyers can support fiduciaries in understanding their duties and how to navigate legal processes to avoid issues entirely.
Our probate attorneys focus on all types of fiduciary duty breaches. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
A breach of fiduciary duty can take many forms and lead to a variety of potential disputes, including cases of self-dealing or mismanagement of estate assets. RMO’s breach of fiduciary duty attorneys provide legal representation in all of the following scenarios.
A breach of fiduciary duty case can be complicated, and uncovering a breach of fiduciary duty is not always straightforward. A breach of fiduciary duty attorney can be a valuable resource in this process.
You should contact a breach of fiduciary duty attorney if:
A knowledgeable probate dispute lawyer can review each case and determine whether a breach has been committed. If a violation has occurred, that probate litigation attorney can also advise on whether the case is worth pursuing and the best strategy to address the breach.
In some circumstances, a lawsuit for breach of fiduciary duty may be warranted, while others may be more efficiently resolved by simply removing the fiduciary from their position. No matter what legal recourse you pursue, you will have the best chance of success if you work with an experienced probate litigation attorney.
Ultimately, if you have any questions about fiduciary duty, schedule a consultation with our team here at RMO to learn more about your case. Whether you are a fiduciary in need of a defense against claims of a breach of duty or you are a beneficiary concerned about the management of an estate, we can offer guidance in the process.
Because a breach of fiduciary duty can negatively impact multiple parties in a trust, any interested party can benefit from the support of an experienced attorney. It’s important to note, that only individuals owed a fiduciary duty can pursue legal action for breach of fiduciary duty. At RMO Lawyers, we support all the following clients in breach of fiduciary duty cases.
Beneficiaries have a right to assets as laid out by a will, and a breach of fiduciary duty presents a direct threat to these rights if a fiduciary fails to uphold the will’s instructions. RMO Lawyers can support beneficiaries in cases of a breach of fiduciary duty by building a case against and helping secure access to their rightful inheritance.
Heirs who believe their rights to an inheritance have been threatened by a breach of fiduciary duty. Our attorneys can uncover evidence of a breach of fiduciary duty and build a case against an executor or administrator if necessary to secure an heir’s rights.
A breach of fiduciary duty, like negligence or a mismanagement of assets, can prevent creditors from collecting their rightful claims to assets. Our team of lawyers at RMO will offer support for creditors seeking to collect debts by assisting them in asserting their claims and raising a dispute against a fiduciary in cases of wrongful actions.
Executors and administrators accused of breaching their fiduciary duty may seek the support of an attorney to defend their position. Our team of attorneys can help build an effective defense against breach of fiduciary duty claims. We can also offer guidance in understanding key duties to avoid these disputes in the first place.
Answers to common questions about executor & administrator breach of fiduciary duty, helping you better understand your rights and the legal processes involved in protecting your interests.
Yes, an executor or administrator can be removed from their position for a breach of fiduciary duty. When an executor or administrator fails to fulfill their fiduciary obligations, such as by mismanaging estate assets, acting against the best interests of the estate or its beneficiaries, or engaging in self-dealing, interested parties may petition the court to have them removed. The court has the authority to remove an executor or administrator and appoint a replacement if it determines that their continued service would be detrimental to the estate or its beneficiaries.
Beneficiaries should gather evidence of the alleged misconduct and consult with a probate attorney to assess their options. Depending on the severity of the breach, they may file a petition with the probate court to remove the executor or administrator, seek recovery of misappropriated assets, or take other legal action to protect their interests.
While hiring a breach of fiduciary duty estate attorney may mitigate the risk of potential claims, it cannot ensure you avoid a potential claim. A knowledgeable attorney can help executors and administrators fulfill their duties in accordance with the law, minimize the likelihood of errors or misconduct, and provide guidance to issues before they become potential disputes at all.
If you are a fiduciary and considering hiring an attorney to oversee your responsibilities, please schedule a free consultation to see how we can help.
There are several warning signs that may indicate potential breaches of fiduciary duty by an executor or administrator.
Lack of Transparency or Communication – If the executor or administrator fails to provide timely and accurate information about estate assets, transactions, or distribution to beneficiaries, it may indicate a lack of transparency and raise concerns about their management of the estate. If a fiduciary stops communicating with you, that may be a cause for concern as well.
Delay or Inaction – Delays in initiating the probate process, paying debts and taxes owed by the estate, or distributing assets to beneficiaries without valid reasons may suggest negligence or intentional misconduct by the fiduciary.
Conflicts of Interest – Any actions by the executor or administrator that benefit themselves or other parties at the expense of the estate or its beneficiaries can be a red flag for potential breaches of fiduciary duty. This includes self-dealing, favoring certain beneficiaries over others, or engaging in transactions that involve personal gain.
Mismanagement of Assets – Misuse or mismanagement of estate assets, such as investing imprudently, neglecting property maintenance, or failing to secure valuable assets, may indicate incompetence or negligence on the part of the fiduciary.
Failure to Act in Beneficiaries’ Best Interests – If the executor or administrator makes decisions that clearly do not prioritize the best interests of the estate or its beneficiaries, it may suggest a breach of fiduciary duty. This could include ignoring the terms of the will, disregarding beneficiaries’ rights, or favoring personal interests over those of the estate.
If you believe a breach of fiduciary duty is occurring or has occurred, beneficiaries and interested parties must remain vigilant and promptly address any concerns or suspicions regarding the actions of the executor or administrator. If you find yourself in this position, it is advisable to consult with an experienced probate attorney to help assess the situation and take appropriate steps to address potential breaches.
Insights and advice on breaches of fiduciary duty from our blog.
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Trustees and executors have a fiduciary duty to act in the best interest of the estate and manage assets carefully with proper records. Common breaches of fiduciary duty by executors and trustees include mismanagement of assets, inadequate communication, or using assets for personal gain. Our probate litigation attorneys can both support beneficiaries in establishing claims of breach of fiduciary duty and defend executors against invalid claims.
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