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Breach of Fiduciary Duty

Protection from a Sarasota Will & Trust Litigation Lawyer

A breach of fiduciary duty occurs when a trustee mishandles the trust they were appointed to manage. The ramifications of such behavior can be long-lasting, particularly when those affected are slow to take legal action. If you have any inclinations that your trustee has broken their fiduciary duty, the time to consult with a will and trust litigation attorney is now. Our firm proudly represents individuals throughout Sarasota and applies extensive experience to every single case. At The Edwards Law Firm, PL, you can expect nothing less than the very best as we pursue a favorable outcome on your behalf.

Recognizing When a Breach Has Occurred

All trustees are expected to successfully fulfill certain duties that correspond with the management and administration of a trust. The most fundamental duty of a trustee is to always operate with the best interests of the beneficiary in mind.

However, if a trustee breaks any of the following duties, it can indicate that a breach transpired:

  • The duty of full disclosure of all information related to the trust
  • The duty to keep clear accounts of the administration of the trust
  • The duty to control and preserve the property of the trust

As the beneficiary, you can file a breach of trust against your trustee if you believe that a breach has occurred. The claim must be filed within a year of the date of the incident and will reviewed by the court. Depending on the circumstances surrounding the breach, the trustee may be penalized with fines.

At The Edwards Law Firm, PL, our promise to you is simple: we are on your side. More than anything, we are intentional about seeking the very best for our clients. This means that we utilize a unique approach that is perfectly tailored to your circumstances, rather than forcing you into a cookie-cutter strategy. As our client, you are our first priority.

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