Estate representatives, guardians, and trustees are considered fiduciaries during the probate process. They are held to a high ethical and legal standard that, when violated, can leave fiduciaries vulnerable to lawsuits and financial liability.
Our Fort Lauderdale litigation team outlines what a breach of fiduciary looks like.
What a Breach Looks Like
Breaches of fiduciary duties occur when harm or damages are done to the plaintiff as a result of failing to perform their legal/ethical responsibilities as a fiduciary. Though some breaches are subject to each particular circumstance, we have compiled some of the most common examples here:
- When a trustee, guardian, or personal representative sells, rents, or gifts property to themselves or family members at a discount, or takes them for personal use., it is considered self-dealing. This can also transition to outright stealing your assets.
- Breaches can also take the form of making continually poor or improper investment decisions to the detriment of yourself.
- Breaches are also often identified by trustees, guardians, and personal representatives over-paying themselves. Each of these trustee types is legally allowed to gain payment for legitimate expenses and services, but excessive reimbursement can be considered a breach of duty.
Contact Our Florida Litigation Team Today
The best way to ensure your case is successful is to have experienced legal representation on your side. At Adrian Philip Thomas, P.A. we have vast experience in various litigation matters to help you succeed through personalized and compassionate services.
To schedule a free consultation with our team, do not hesitate to contact us today through our website or give us a call at (954) 764-7273!