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Being trusted to have control over someone else's assets is a responsibility, not a blank check. It’s a fiduciary responsibility that comes with legal limits. When those duties are ignored, people can suffer real financial harm. A fiduciary litigation attorney at White & Bright, LLP can help you determine whether a fiduciary has violated their duties and what legal options may be available.
When someone violates their fiduciary duty, it can result in litigation. The person who is owed the fiduciary duty can seek legal remedy for the harm they suffered as a result of the violation. Under California law, a breach of fiduciary duty claim generally requires establishing:
Not all roles that have fiduciary responsibility have the same duties. The specific duties depend on the type of fiduciary relationship involved. Litigation can arise when there is a dispute over the scope of a duty and if an individual violated their responsibilities.
Several types of relationships can create fiduciary duties under California law. Depending on the circumstances, a fiduciary may be responsible for managing another person's assets, making decisions on their behalf, or acting in the interests of a business or another party. At White & Bright, LLP, our fiduciary litigation attorney team represents clients for matters involving:
A trust is a legal mechanism that is used to manage property or assets. There is a beneficiary who is the person intended to benefit from the trust. A trustee is the individual entrusted to manage the trust and its assets. A trustee owes fiduciary duties to the beneficiaries to manage the trust in accordance with its terms. They have a duty to act in the beneficiaries’ interests and to avoid improperly using trust property for personal benefit.
When someone passes away, their estate may need to go through probate. An executor or administrator, also known as a personal representative, is responsible for managing the estate during this process. This person collects and protects estate property. They pay debts and expenses. They also distribute the remaining assets to those legally entitled to receive them, known as beneficiaries. A personal representative has a fiduciary duty to the people who have an interest in the estate.
A power of attorney is a legal document that gives someone the power to act on another person's behalf. The document determines what powers the agent has. That power may include managing financial or other legal matters. When someone acts as an agent under a power of attorney, they have a fiduciary duty to the principal, the person they are acting on behalf of. California law also requires an agent to keep records of transactions made on the principal's behalf.
A conservator is a court-appointed person or organization responsible for managing the personal care, finances, or both, of an adult who is unable to do so themselves. The individual receiving this assistance is called the conservatee. A conservator has a fiduciary duty to the conservatee and must act in the conservatee's best interests.
Certain types of business relationships can create a fiduciary relationship between the parties. Business partners and joint venturers have a duty to each other when acting on behalf of the business. Similarly, members or managers of an LLC have a duty to the organization.
Corporate directors and officers have a fiduciary duty to the company they work for. They must act in good faith and in the company’s best interest above their own personal interests. They also have a duty of loyalty that prevents them from self-dealing or competing with the business.
Minority or ordinary shareholders do not have a fiduciary duty to the company if they do not have any managerial control. However, controlling or majority shareholders may hold enough voting power that they can directly impact company actions or corporate decisions. When this happens, they may take on a fiduciary responsibility.
Fiduciary misconduct can take many forms. It may involve intentional wrongdoing, poor management, a failure to follow the terms of a governing document, or decisions that put the fiduciary's interests ahead of the interests of the person they are supposed to protect.
Common disputes and alleged breaches that the fiduciary litigation lawyer team at White & Bright handle include:
The circumstances surrounding the conduct matter. What may constitute a breach for one type of fiduciary may not apply to another, which is why the specific fiduciary relationship, governing documents, and applicable law must be considered.
Fiduciary litigation can provide several potential remedies when someone breaches their fiduciary duties. The appropriate remedy depends on the type of fiduciary relationship, the nature of the misconduct, and the harm caused.
Depending on the circumstances, fiduciary litigation may help you recover misused assets, obtain an accounting, stop harmful conduct, challenge improper transactions, or seek the removal of a fiduciary. In some cases, you may also be able to pursue monetary damages or other equitable relief. The right approach depends on the fiduciary relationship and the specific facts of the dispute.
A fiduciary dispute is not automatically a case of one side being right and the other being wrong. You may be looking for legal help because you believe a fiduciary took advantage of their position. You may also be a trustee, executor, agent, conservator, business partner, or other fiduciary who has been accused of wrongdoing. Either way, fiduciary litigation can have serious financial and legal consequences.
At White and Bright, LLP, our fiduciary litigation attorney team represents both clients pursuing fiduciary claims and fiduciaries defending against them. The firm can help investigate the circumstances, evaluate the applicable duties, identify potential remedies or defenses, and pursue a resolution that protects your interests.
A fiduciary dispute does not always have to result in litigation. The legal process provides for alternative solutions that may be faster and more affordable than litigation. Depending on the circumstances, negotiation, mediation, or arbitration may be appropriate. The next steps towards resolution depend on the nature of the dispute, the urgency of the situation, the parties' relationships, and the assets involved. Fiduciary disputes commonly involve family relationships and significant assets. Opting for a non-litigation approach can help preserve interpersonal relationships.
Fiduciary disputes can involve significant assets, complicated relationships, and allegations that are not always easy to resolve on your own. Whether you believe a fiduciary has mismanaged property or put their own interests first, or you are facing allegations that you breached your fiduciary duties, the right legal guidance can make a difference.
The fiduciary litigation attorneys at White and Bright, LLP represent clients throughout California in fiduciary litigation involving trusts, estates, business relationships, and other fiduciary matters. Schedule a consultation today to discuss your situation.
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