West Virginia Complaint for Breach of Fiduciary Duty - Trust
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How to fill out Complaint For Breach Of Fiduciary Duty - Trust?
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FAQ
§61-2-14. Abduction of person; kidnapping or concealing child; penalties. §61-2-14a. Kidnapping; penalty.
First-Degree Robbery, under West Virginia Code 61-2-12(a)(1), is the act of committing violence to the person or using the threat of deadly force by presenting a firearm or other deadly weapon. First-Degree Robbery is a felony offense punishable by not less than ten (10) years imprisonment.
While a breach of trust may have taken place, it only becomes a breach of fiduciary duty when there are genuine consequences and, therefore, actionable results.
§44-3-1. Fiduciary commissioners shall be attorneys admitted to the practice of law in this state or shall meet the qualifications of fiduciary supervisors as set forth in §44-3A-1 et seq. of this code. The county commission of each county shall appoint not more than four fiduciary commissioners.
Contempt of court; what constitutes contempt; jury trial; presence of defendant.
A trustee violates their fiduciary duties if they: Swindle estate funds (self-dealing) Combine estate and personal funds. Refuse to distribute assets to beneficiaries.
§44-4-7. Failure to account forfeits commissions unless allowed by circuit court or county commission.
§44D-10-1001. Remedies for breach of trust. (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (10) Order any other appropriate relief.
