Breach of Fiduciary Duty
Grand Rapids Michigan Trustee Attorneys
Breach of Fiduciary Duty and Trustee/Personal Representative Misconduct Attorneys
The Grand Rapids breach of fiduciary duty attorneys at Howard Law Group are experienced in breach of fiduciary duty claims whether it is for obtaining justice for victims harmed by fiduciary misconduct or defending trustees and personal representatives against who a charge of breach of fiduciary duty claims.
When a trustee fails in his or her duties, it is referred to as breach of fiduciary duty.
False Accusations Raised Against the Fiduciary or Trustee
When a trustee or personal representative carries out the wishes of the person who has passed away, some people may think that they were mistreated. They often will attempt to file false accusations that the trustee or personal representative somehow did something wrong when what they did was follows the wishes of the deceased person. We can help to defend you if you are falsely charged with these kinds of claims. Contact our attorney as soon as possible when claims are being made so that we can defend you.
Trustee Misconduct
A trustee is tasked with controlling and managing other people’s money and property. The assets in a trust are for the benefit of the trust's beneficiaries, and the trustee must handle the assets in the manner dictated by the terms of the trust. Sometimes trustees steal, mismanage or negligently fail to protect beneficiaries’ or co-trustee’s assets. Beneficiaries and co-trustees often times have less knowledge of the trust’s assets, management or of financial matters and are at risk to misconduct by trustees.
Grounds for a breach of fiduciary duty by a trustee include:
- Fraud
- Misappropriation or theft of trust funds
- Negligence or incompetence in trust management
- Disloyalty to the beneficiaries
- Co-mingling outside funds with trust funds
- Conflicts of interest
- Failure to account to beneficiaries
- Failing to pay taxes
Beneficiaries have rights and can take action if the trustee has taken inappropriate action or failed to act appropriately. The courts can impose several remedies for a breach of fiduciary duty defending on the nature of the conduct. The court can surcharge a trustee, which means the trustee to pay money to the trust or estate or remove the trustee. Removal usually results from a violation of fiduciary duty or other wrongful conduct.
Our experienced breach of fiduciary duty and trustee misconduct attorneys have the skills and experience to take on trustees who’ve harmed innocent beneficiaries that they were bound by law to protect.
If you’ve been the victim of trustee misconduct or other breach of fiduciary duty, contact us.