Legal Help When Fiduciary Duty Has Been Breached
Frisco Fiduciary Litigation Attorneys
A fiduciary is someone who is legally required to act in the best interests of another person, company or entity. Examples of fiduciary relationships include:
- The executor of an estate has a duty to act in the best interest of the parties affected by the Will.
- A trustee has a fiduciary duty to the beneficiary of a Trust.
- A guardian has a duty to act in the best interest of the ward in the management of assets.
- A person holding a financial Power of Attorney has a fiduciary duty to the person who has named
- Business partners are bound to act in the best interest of their company.
- An accountant has a fiduciary responsibility to his/her clients for the proper use and accounting for assets.
- A financial advisor has a fiduciary responsibility to guide the investments of a client for the clients’ best interest, and not the advisors personal gain
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. When a fiduciary has not acted according to those standards, a legal claim can be brought in court for “breach of fiduciary duty.”
If you, your business, or your estate has been negatively affected by the failure of a fiduciary to meet a reasonable standard of care, you can hold the fiduciary accountable in a court of law.
Seek immediate legal counsel to minimize the damage done by a breach of fiduciary duty. Contact Albin Roach at 214-423-5101 to speak with fiduciary litigation attorney Jeffrey Yates. He is highly experiencedin all areas of estate and probate litigation.
Our firm is prepared to take your case to trial to demonstrate that a fiduciary obligation existed with the person or company at fault. We will prove that a breach of duty occurred and that harm was caused by this breach – harm that can be translated into financial losses.
If the judge agrees that fiduciary misconduct has occurred, the fiduciary may be removed from a position of responsibility and damages may be awarded to the injured parties. In the case of fiduciary breach of a trustee, a new trustee may be named. In the case of misuse of power of a guardian, a new guardian may be named.
Talk to an Attorney about Any Potential Breach of Fiduciary Duty
Ask our probate lawyer if you have standing and grounds to bring a claim of breach of fiduciary duty to court. Call 214-430-4440 or contact us online to schedule a consultation with attorney Yates at our Plano, Frisco or Prosper law offices. We serve clients in McKinney, Celina, Allen and communities throughout Denton County.