Fiduciary Litigation & Defense of Wills and Trusts
Fiduciary Lawsuits & Defense of Wills & Trusts
We Hold Bad-Acting or Negligent Fiduciaries ResponsibleA fiduciary is someone that accepts the role of protecting the assets of another individual and acquires fiduciary duties toward that individual. Fiduciaries are held to the highest standard of behavior in civil law to act in the best interests of the principal and with utmost honesty and integrity in the exercise of powers and accomplishment of duties.
Trustees, guardians, executors, and persons acting under a power of attorney hold a formal fiduciary relationship with their principal. This means fiduciary duties cannot be denied. An informal fiduciary relationship can be established by the course of dealing and the reliance of a weaker or less sophisticated person, mentally or physically, upon another that is stronger and more sophisticated.
What Happens When a Fiduciary Abuses Their Position?
- Undue influence
- Breach of fiduciary duty
- Theft of fiduciary property
- Removal of powers of attorney
Find Your Fiduciary Litigation Team
BREACHES OF FIDUCIARY DUTIES ARE UNACCEPTABLE
Our Fiduciary Litigation Process
Let us help you put misconduct to an end by taking legal action to protect your Estate. Our attorneys will collaborate with you to evaluate the actions of your fiduciary or fiduciaries and whether your fiduciary is violating or has violated their fiduciary duties in the past. If your fiduciary does not respond to requests for information regarding your assets or does not respond to their questionable behavior, we will tenaciously work to recover any damages and attempt to remove your fiduciary from the position and to seek damages.
The goal of a fiduciary is to try and resolve issues or errors with principals or beneficiaries because very few fiduciaries actually “win” a lawsuit filed against them because all presumptions are against the fiduciary – meaning, the burden shifts to the fiduciary to explain all actions taken. Any money or property that cannot be accounted for or that is missing is automatically assigned to the fiduciary as damages. When a fiduciary must defend against a lawsuit, hiring strong legal counsel to poke holes in the allegations and to attack and take the offensive is crucial and is the difference between a reasonable outcome and disaster.
- Fails to fully disclose all material facts that affect your interest as a beneficiary.
- Refuses to provide any, non-privileged, information at your request.
- Mismanages assets.
- Misappropriates assets or funds.
- Embezzles assets or funds.
- Self-deals – uses the property for his or her own benefit
- Steals money
- Refuses to distribute money to you.
- Refuses to distribute money to you in a timely manner
- Fails to protect assets
- Fails to file an accounting, or fails to file a timely accounting
- Refuses to disclose what is happening with the administration
- It May be biased against you
- Shows hostility toward you
AGGRESSIVELY LITIGATING YOUR POST-DEATH DISPUTES
At Spencer, Johnson & Harvell, PLLC, our Dallas powers of attorney litigation attorneys have been holding negligent, careless, and manipulative individuals accountable for more than two decades. We work tirelessly to restore those who have been taken advantage of by the use of a power of attorney.
DEFENDING YOU FROM FALSE ACCUSATIONS
We are also prepared to advise you, as a fiduciary, to avoid the difficult situation of having to defend your actions. But if legal defense is what is required, we are prepared to defend you, as a fiduciary, in a court of law if you are accused of improper conduct or believe that you acted within your fiduciary authority. Ignoring such accusations or hiring an inexperienced attorney can be devastating to your defense. Do not allow incorrect, misguided, or false allegations to linger and put you at a disadvantage. Act now! Taking immediate action to address the complaints of your principal or beneficiary/beneficiaries is critical to putting yourself in the best possible position financially.