How Do You Prove Breach of Fiduciary Duty? | RMO Lawyers
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- Опубліковано 5 лют 2025
- A fiduciary duty is a legal obligation for a person in a position of trust and confidence, like a trustee or the executor of an estate, to act in the best interest of another party. If a fiduciary fails to act in the beneficiary’s best interest, they have likely breached their fiduciary duty. An experienced trust litigation attorney can help beneficiaries of trusts and heirs of estates pursue legal action against fiduciaries who breach their duties.
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What is a violation of fiduciary duty?
A violation of fiduciary duty occurs when a trustee or executor fails to meet their legal obligations, whether under the law or as dictated by a trust agreement. Trustees and executors are fiduciaries, meaning they are required by law to follow specific rules that dictate their behavior. They must act in good faith and with undivided loyalty, always placing a beneficiary’s best interest first, even above their own self-interest.
Falling short of these expectations can expose a fiduciary to serious legal consequences. For example, trustees and executors who violate their fiduciary duties can face suspension or removal from their position and be ordered to pay surcharges (penalties) to reimburse beneficiaries for financial harm caused. In extreme cases, a fiduciary can even face criminal charges.
What is an example of a breach of fiduciary duty?
Breach of fiduciary duty refers to a situation where an individual owing a fiduciary duty fails to fulfill an obligations for any reason. Breaches can be intentional or negligent, depending on whether there was intent on behalf of the fiduciary or if it was simply an accident or incompetence that led to a breach.
Some common examples of breach of fiduciary duty include failing to disclose relevant facts, failing to avoid conflicts of interest, and self-dealing, which is when a fiduciary takes advantage of their position for personal profit at the expense of their beneficiary’s profits and assets. Trustees and executors can also breach their fiduciary duties by committing fraud, theft, or embezzlement against the trust or estate.
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nobody on earth is going to WILLINGLY GIVE AWAY any part(s) of there inheritance! protect us. BENEFICIARIES.
If you cannot afford legal help then the trustee can and will do whatever they want.
You left that little part out 😮
EXACTLY! And let’s not forget that the trustee will use trust funds to hire lawyers to defend them. but the time it’s over, there will be nothing left anyway. Probate law = Fraud!!!
Get an attorney that knows that city's law but didn't get his bar from the same place the judges and other attorneys got theirs from and are willing to stand up to this injustice
How do you fine this? haha
Our system is completely greedy and very corrupt on a corporate level
Unless your willing to pay the judge and their helpers and both attorneys all through your attorney it's a good chance the ones who get into court first will have the upper hand
so the trustee owes a strict fiduciary duty and a duty of utmost good faith to the beneficiary, correct?
What about a civil lawsuit. Does this apply the same way? 😮
Could you recommend a stellar attorney in Illinois?
im a victim of this but cannot find help or an attorney to give me a voice
Try contacting Judge Mark K Christopher he may be able to steer you in Right Area....
Same boat. No attorney's even want to talk about this. Ive tryed over 30 on line. None reply back
Same. My dad is trustee of my settlement and even went so far as to pull it from the bank account we shared, one he intentionally setup for me when I was a minor. I am now 30. Both of my parents are narcissists and ruined my childhood and I despise them and I’m still attached to this man. He kneecapped me financially while I was trying to make a life for myself with, severe PTSD and pain from my car accident. And CPTSD from being his kid. I struggled with work because of my condition and depression and he financially abused me the whole time, making me dependent on his handouts of $100 many times. I have been suicidal many times and still have no money. I want to die. He has refused to cooperate, refuses to produce any documentation or be transparent, just being evasive and telling conflicting things. I don’t even believe he is legally my trustee anymore but he has somewhere in the ballpark of $150,000 of my money.
No lawyer, can’t figure out these convoluted websites and jargon, lawyers say call the police and the police say call a lawyer.
If a trustee is not challenged then the trustee can do whatever they choose.
If you don’t have legal representation there is nothing you can do.
You would be more beneficial to people if you would have a session regarding people that cannot afford to hire legal representation.
All your saying is that you have all of these rights and you can do this and you can do that.
Well if you haven’t been put in a position where you cannot afford legal representation then you wouldn’t know how difficult it is.
Not everyone has the finances to just go and hire an attorney
Maybe we can start a petition and submit to your state representative and fiduciary fraud advocacy group?
Shelly ocanna didn't tell me anything and she was appointed by judge Owen in so ma county Calif so what can I do about my brother stealing some of my money?
several people and i have the same fiduciary in our neighborhood she is proficient yet has no empathy this brings us to difficult decisions as to what to do she treats an elderly woman in the neighborhood as though she is mentally deficient the woman is as sharp as a tack yet gets treated like a toddler she does not understand grieving processes and told my aunt to have closer and get over my uncle's death i found this very rude and my aunt is very frustrated with the attitude i like to overlook a person's personality faults but this is tough to deal with a blunt and rude person is of no help at all in some aspects this sort of personality carries proficient traits yet no comforting traits my friend feels completely controlled by the fiduciary the fiduciary takes advantage of my friend's emotional hurdles in life and her kind nature
I may have asked about fiduciary representation but suddenly my issue i think appeared under Estate Executors.
If you can help me with my question of complaintant’s state or employer’s (who breach fiduciary duty) please advise where i might reach you. Thank you.
Hi my grand uncle had a care giver that’s not family to take care of him. He has neglected him financially by taking 18,000+ out his back account, also $1,000 out my grandma account when she was alive, with my grandma funeral I would like to sue for emotional distress because me and my mom wasn’t able to give a proper burial. What kind of case could be taken up and would I see the money return
WHERE RARE YOU LOCATEDD? WHAT STATE ARE YOU LICENSED IN?
No help in NH
thanks for your help man, much appreciate the professional insights..
What if the administrator has gone on a drunken bender and is not doing anything? We're waiting for him to take care of tax clearance, give us accounting, etc. But he's doing NOTHING
File a motion in court to have them removed. The court will be able to see that none of these things were filed.
@@rororo1126
Yeah without a paper trail from the trustee the court administrator will look at you and ask what are you talking about.
Sorry about the life story but I'm still in this park far away from anything but a little convenience store and a dollar store both a good walk to get to...but Yeah I know about the poor attorneys and how they all no matter criminal or not in the state of Oklahoma make deals on people's lives without a care of the consequences of wrongful decisions based on lies . Ive list complete respect for the Oklahoma judicial system as it's a buddy pack in the courtrooms
My father wrote a will that pointed to a trust. He died. The trust became irrevocable.
My mother became the primary trustee.
Against my wishes, she sold property in the trust that had been in my father's family for 100 years.
My father's will states that anyone who violates the terms of the trust shall be removed.
So...
1. Could my mother be removed from the trust entirely?
2. Could my mother be removed as primary trustee?
3. How much could I sue her for?
What did the will say? As his wife, acting on her deceased husband assets, she may have the right to liquidate assets in the Trust. Which seems reasonable.
3:30 I do not understand:
1. You said a lawsuit may be warranted.
2. But then you said just remove the fiduciary.
How can I remove a fiduciary/trustee without a lawsuit? A judge would just say, sure, she breached her duty, she's out.
That’s only if you have legal representation if you don’t you won’t even get your foot in the door
Even if the judge sides with you, the primary trustee will either go home and burn the trust documents, or never pay you.
In short, everyone on earth sucks, especially bad parents.
You can get a copy of the trust docs.
My sister breached fiduciary duties against Mom.