A fiduciary is someone who is legally required to act in the best interests of another entity. State law demands that a fiduciary act with good faith and integrity, and according to standards that are higher than those to which “ordinary parties” are obligated.
Fiduciary relationships are usually well-established. For example, the executor of an estate is bound to act in the best interest of those parties affected by the will. An attorney is bound by law to act in the best interest of his client. Business partners are bound to act in the best interest of their venture or organization.
If a fiduciary has not acted according to these standards, a claim of “breach of fiduciary duty” can be brought by those who have been negatively affected in order to hold the fiduciary accountable. If misconduct is proven, the fiduciary may be removed from a position of responsibility, and damages may be awarded to the injured party or parties.
Demonstrating the basis for fiduciary obligation, and then proving the breach of duty, are complicated legal issues that are addressed and enforced by Texas law and its courts. The litigation team at Albin Roach is experienced and knowledgeable about fiduciary law, and stands ready to assist you in obtaining just outcomes in your fiduciary relationships.