What is a Fiduciary Dispute?
First, a fiduciary is a person who is essentially in charge of another person’s financial assets, which includes trustees and executors. These persons owe a duty to the beneficiaries or heirs to execute their responsibilities according to the law of California. In the context of probate and estate litigation a fiduciary dispute is litigation involving a breach of the fiduciary duty a trustee or executor owes to the beneficiaries or heirs. This usually involves some misconduct on the part of the person who owes this duty.
Do I Have a Case?
This litigation can be brought for any sort of breach of the fiduciary duty by the trustee or the executor. The specifics of different aspects of probate or trust litigation can be found at my other blog posts, but generally you may have a case if you believe the trustee or executor is not following the language of the will or trust or is engaging in misconduct such as theft or fraud.
Even if you do not believe the fiduciary has not acted maliciously, they may have made a mistake or error in executing their fiduciary responsibilities. This could be anything from simply failing to file a report properly to failing to obtain title to a property. While it is not malicious it is still irresponsible and a breach of their fiduciary duty. Ideally, problems such as this can be solved without petitioning the court. Regardless, it is important to contact a lawyer and involve them from the earliest point possible. Please, do not hesitate to contact me at (310) 598-7191 or email@example.com and we can determine the best way forward for your case.