Suing An Estate Executor For Breach Of Fiduciary Duty In Orange
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The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.
Trustees, business partners, and officers and directors of companies are charged with acting in the best interests of those they represent. When fiduciaries fail to act in a beneficiary's best interest, they can be held responsible for the damages their actions cause through a breach of fiduciary duty lawsuit.
Breach of fiduciary duty cases is very fact-intensive. To gather the evidence that you need to win your case, you should hire an experienced business attorney immediately. You do not want to risk other parties destroying or misplacing key evidence you will need to prove your claim.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.
Distribution of assets: Embezzlement, misappropriation, outright theft or any other failure to distribute the assets of the estate or trust as dictated by law constitutes a fiduciary breach.
A fiduciary's breach could involve doing something for their own personal advantage or neglecting your best interest, and if you know what to look out for, you stand the best possible chance of avoiding personal liability and limiting potential damage.
The fiduciary duties of executors include: Administering the estate ing to the terms of the decedent's Will. This includes marshalling and valuing the assets of the estate, paying debts and taxes, and distributing the remaining assets to the beneficiaries ing to the terms of the Will.
