How Do You Prove Breach of Fiduciary Duty? | RMO Lawyers

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.

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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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.

Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[jimmoravec]

If you cannot afford legal help then the trustee can and will do whatever they want.

You left that little part out 😮

[LarryWeston]

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

[LarryWeston]

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

[LarryWeston]

Our system is completely greedy and very corrupt on a corporate level

[minniekudzala]

nobody on earth is going to WILLINGLY GIVE AWAY any part(s) of there inheritance! protect us. BENEFICIARIES.

[jadeorchid]

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

[atruceforbruce]

im a victim of this but cannot find help or an attorney to give me a voice

[aliqazilbash]

so the trustee owes a strict fiduciary duty and a duty of utmost good faith to the beneficiary, correct?

[hidenseekhayley]

What about a civil lawsuit. Does this apply the same way? 😮

[basicprogrammer]

Could you recommend a stellar attorney in Illinois?

[GinaPimentel-fb]

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?

[marykelley]

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.

[mosesthomas]

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

[atomic_poppy]

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

[lindanorris]

WHERE RARE YOU LOCATEDD? WHAT STATE ARE YOU LICENSED IN?

[aliqazilbash]

thanks for your help man, much appreciate the professional insights..

[LarryWeston]

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

[basicprogrammer]

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?

[basicprogrammer]

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.

[basicprogrammer]

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.