Los Angeles County Probate Lawyer Handling Disputes Involving Breach of Fiduciary Duty by Executors and Trustees
Trustees, probate administrators and executors are fiduciaries, which means that they are required to act in good faith and solely in the interest of their beneficiaries. When allegations arise that their actions were influenced by conflicts of interest, greed, or incompetence — or they have committed fraud — it's time to call an experienced probate lawyer.
For more than 30 years, Attorney John Gantus has provided effective representation for beneficiaries, heirs, trustees, administrators and executors in breach of fiduciary duty litigation. He accepts cases both on behalf of those alleging misconduct and for those who need defense from allegations of breach of fiduciary duty. Contact us today to schedule a consultation.
Breach of Fiduciary Duty — A Breach of Trust and Loyalty
Executors, administrators and trustees are chosen because they are trusted, trustworthy, and able to act in the sole interest of the beneficiaries of an estate or trust. They may be a friend, a lawyer, or a bank or trust company.
Breach of fiduciary duty can be due to negligence, incompetence or mismanagement — or it can be intentional. In both cases, the fiduciary can be held responsible through probate or trust litigation.
Allegations of breach of fiduciary duty are very serious, however, and a trustee or executor who is accused of this failure faces more than having to pay financial damages to the accuser. This allegation goes to the fundamental trustworthiness of the fiduciary. Often, the so-called breach is the result of poor communication or even a misunderstanding by the beneficiary of what should be expected of the fiduciary.
At John M. Gantus & Associates, our goal is to sort out conflicts between beneficiaries and fiduciaries — and to get to the truth. Ultimately, the intentions of the person whose estate the executor is handling, or of the person who created the trust, are to be respected.
We handle cases alleging breach of fiduciary duty involving any of a variety of situations, such as:
- Negligence
- Failure to distribute estate or trusts assets to beneficiaries in a timely fashion
- Demanding unreasonable compensation
- Financial mismanagement
- Executor, probate administrator or trustee misconduct
- Conflicts of interest
- Attempts to profit from the fiduciary position without the beneficiary's consent
- Taking interest-free loans from the estate or trust assets
- Undervaluing assets and pocketing the difference
- Theft, fraud or embezzlement
Contact Us Today
Whether you need to hold a trustee or probate administrator accountable for a breach of fiduciary duty or you are wrongly accused, we have the experience and knowledge of probate law to provide effective representation. To discuss your situation, contact probate law attorney John Gantus today.
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