Trustees and executors have a duty to act in the best interests of a trust and its beneficiaries. If you have concerns with the actions of a trustee in California or Texas, our breach of fiduciary duty attorneys at RMO can advocate for you and build a case to protect your rights and interests while upholding the dignity of the trust.
A breach of fiduciary duty attorney is one who works closely with cases surrounding trust management and protecting the interests of clients against trustees or executors failing to uphold their legal responsibilities. These attorneys handle situations that encompass a variety of fiduciary relationships including trust administration.
A breach of fiduciary duty attorney’s responsibilities can include building a case against trustees who step outside the bounds of their duties and defending trustees against potentially misguided claims. In either case, a breach of fiduciary duty attorney is committed to preserving the wishes of the settlor, or creator of the trust, and upholding the intentions of the trust.
If interested parties in a trust suspect misconduct from a trustee or other fiduciaries, a breach of fiduciary duty attorney can step in to build a case against them and ensure the interests of a trust are protected. Our team at RMO works diligently to provide personalized support to clients in these types of trust disputes and protect the assets involved.
A fiduciary duty attorney safeguards the trust’s interests and the beneficiaries’ rights. At RMO Lawyers, our team of California and Texas fiduciary duty attorneys offers comprehensive guidance in various cases to advocate for our clients.
Breach of fiduciary duty attorneys have specific experience in handling trustee misconduct cases and can provide appropriate legal guidance in context. RMO Lawyers have extensive experience in navigating trust administration and litigation processes, whilst protecting people and defending their family legacies. Our track record of successful outcomes for our clients speaks to our ability to represent clients and safeguard their interests.
Using our Proven Process, the attorneys at RMO will investigate the facts and gain a deep understanding of the situation and involved parties’ dynamics, then we will apply our findings to case law to best support your claims. Next, we will employ our strategy in and out of the courtroom aimed at achieving your goals. At RMO, we constantly aim to communicate with our clients every step of the way. Ultimately, together we will work towards a solution, bringing the best possible outcome for those involved.
In cases of breach of fiduciary duty, the most common form of monetary compensation is compensatory damages, which are intended to reimburse the victimized party for any losses incurred as a direct consequence of the breach. Additionally, fiduciaries may also be ordered to pay punitive damages, which are designed to punish the breaching party and deter future breaches.
Furthermore, double and treble damages may be applicable in certain scenarios. If awarded, the amount of compensatory damages the fiduciary must pay will be doubled or tripled.
In addition to paying damages, the fiduciary may also be required to reimburse the principal for any fees and costs they incurred during the breach of fiduciary duty lawsuit. This encompasses payments made to legal counsel and expert witnesses, along with filing fees and court costs. The specific type of damages that can be recovered will depend on the facts of each case.
Our lawyers at RMO will work to identify areas of misconduct, understand the damages, and pursue appropriate restitution for the trust.
An attorney should ensure their client has a firm understanding of their legal rights and their pathway to potential recourse. RMO Lawyers make it a point to consult with our clients so we can understand the context of their cases and their goals and objectives, protect their interests, and maintain transparency through the legal process.
Our probate attorneys focus on all types of breach of fiduciary duty disputes. 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 trust assets. RMO’s breach of fiduciary duty attorneys provide guidance in all of the following scenarios in California and Texas.
A breach of fiduciary duty can threaten the integrity of a trust and overrule the interests of the settlor, or creator of the trust—contacting an attorney can help you address these concerns, ensure effective trust management, and seek appropriate recourse. The consequences of a breach of fiduciary duty can affect several interested parties in a trust, creating various situations where an attorney is valuable.
You should contact an attorney if:
Trust management is a complex process, and there are many cases where it may make sense to contact a breach of fiduciary duty attorney. If you think you may benefit from the support of a fiduciary duty attorney in California or Texas, schedule a free consultation with us here at RMO to discuss your current case.
Trustee misconduct or mismanagement can affect several interested parties in a trust. The trust litigation team at RMO supports the following clients in breach of fiduciary duty cases in California and Texas.
Beneficiaries have special rights to a trust’s assets and are often directly impacted by breaches of fiduciary duty. They may find or recognize suspicious activity or signs of misconduct that affect a trust and pursue legal action. Our attorneys at RMO represent beneficiaries to protect their rights.
A trustor or settlor who took part in establishing a trust may recognize actions from their appointed trustee that breach fiduciary duty. In a revocable living trust, a trustor may seek an attorney to uncover evidence of wrongdoing and replace the trustee. Our lawyers can provide support in this process.
Successor trustees may find evidence that a trustee in the role before them had breached their fiduciary duty before relinquishing their role. In this case, they can seek the support of our attorneys to pursue legal action on behalf of the trust.
A co-trustee may observe actions from another trustee that breach fiduciary duty. If they suspect misconduct or trust mismanagement from the other party, they may contact our lawyers at RMO to open a case and protect the trust.
A creditor may hire a breach of fiduciary duty attorney in cases where they feel a trustee’s actions have prevented them from collecting their appropriate debts. Our attorneys work with creditors to ensure their rights to assets are protected so they obtain restitution for the debts that are rightfully theirs.
Additional interested parties with a legitimate interest in a trust may include conservators, guardians, or charitable organizations listed as beneficiaries, among others. Our lawyers at RMO can support these parties in addressing breaches of fiduciary duty that affect their rightful access to assets of the trust.
Answers to common questions about breach of fiduciary duty, helping you better understand your rights and the legal processes involved in protecting your interests.
While hiring a breach of fiduciary duty trust or estate attorney can significantly mitigate the risk of potential claims, it cannot ensure you avoid a potential claim. Having a knowledgeable attorney can help trustees, executors, and other fiduciaries fulfill their duties in accordance with the law, minimize the likelihood of errors or misconduct, and provide guidance to issues before they escalate into full-blown legal disputes.
Breach of Fiduciary Duty is a very serious accusation. The most frequent penalties for breach of fiduciary duty include suspension or removal as trustee or executor and the payment of money damages, attorney fees, and court costs.
Breach of fiduciary duty in a trust or estate case can potentially lead to criminal charges if the actions of the fiduciary involve fraud, theft, or other criminal acts. While breaches of fiduciary duty are typically addressed through civil litigation, certain egregious offenses may warrant criminal prosecution, especially if they involve intentional misconduct or exploitation of vulnerable individuals.
Proving a breach of fiduciary duty can be challenging, but it’s possible with the right evidence. In California and Texas, the person bringing the claim must show that the trustee failed to act in the best interests of the beneficiaries and that this breach caused harm.
To prove the case, you typically need:
• Documentation – Such as financial records, missing accountings, or inconsistent distributions
• Witness testimony – From beneficiaries, advisors, or professionals involved
• Legal analysis – To show how the trustee’s actions violated specific duties
Because these cases are often complex, working with a trust litigation attorney can greatly improve your chances of success.
The burden of proof for breach of fiduciary duty falls on the person bringing the claim, which is typically a beneficiary. In California and Texas, the beneficiary must prove by a preponderance of the evidence that the trustee breached their fiduciary duty, meaning it’s more likely than not that the breach occurred.
To succeed, the beneficiary typically must show:
1. A fiduciary relationship existed (e.g., trustee and beneficiary)
2. The trustee breached a specific duty (like mismanaging assets or acting in self-interest)
3. The breach caused harm to the trust or beneficiaries
A good example of a breach of fiduciary duty is when a trustee uses trust funds for their personal benefit. For instance, if a trustee withdraws money from the trust to pay their own expenses. This is considered self-dealing and violates their legal obligation to act in the best interests of the beneficiaries.
Other common examples include:
• Failing to distribute assets according to the trust
• Making risky or improper investments
• Refusing to provide accountings or financial records
A breach of fiduciary duty by a trustee occurs when the trustee fails to act in the best interests of the beneficiaries or violates the terms of the trust. In California and Texas, trustees have a legal obligation to manage trust assets responsibly, act loyally, and follow the trust’s instructions.
Common examples of breach include:
• Misusing or stealing trust assets
• Failing to provide required accountings
• Favoring one beneficiary over others
• Making risky or improper investments
Beneficiaries can file a lawsuit in probate court if they believe a trustee has breached their duty. A trust litigation attorney can help evaluate the claim and protect the beneficiaries’ rights.
To hold a trustee accountable, beneficiaries can take legal action if the trustee fails to follow the trust terms or breaches their fiduciary duties. In California and Texas, this is typically done through probate court.
Steps to hold a trustee accountable include:
1. Request a formal accounting – Trustees must provide detailed records of trust activity.
2. Document concerns – Keep records of mismanagement, missing assets, or unresponsiveness.
3. Hire a trust litigation attorney – An attorney can help file a petition to compel action, remove the trustee, or recover damages.
4. File a lawsuit – If necessary, beneficiaries can sue for breach of trust or fiduciary duty.
Insights and advice on breach of fiduciary duty from our blog.
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