Fiduciary Litigation

A fiduciary who holds a position of trust with respect to another person owes specific duties to that person under California law. If a breach of those duties occurs, litigation may be necessary to resolve the issues that result from the breach of duty. The trust and estate litigation attorneys at White and Bright, LLP have extensive experience handling the full range of disputes that can arise with respect to a fiduciary, including asserting or defending the client's interests in a fiduciary litigation.

Fiduciaries include executors and administrators of estates, trustees, agents and attorneys-in-fact under a power of attorney, and conservators. A breach of fiduciary duty may occur in a number of different ways, including self-dealing, improper accounting or investment, lack of impartiality, and violation of the duty of loyalty, to name a few. Each fiduciary capacity involves its own set of legally imposed duties and consequences for breaching those duties.

For example, the fiduciary duties of a trustee include:

  • duty not to delegate
  • avoidance of conflicts
  • accurate reporting and record keeping
  • keeping personal funds separate
  • duty to label
  • duty to invest

Meanwhile, the fiduciary duties of an attorney-in-fact include:

  • avoiding of conflicts of interest
  • maintaining regular contact with the principal
  • keeping records of all transactions
  • avoiding commingling of property

When a fiduciary breaches a duty, the person to whom the duty is owed may initiate litigation against the fiduciary. Similarly, a person may allege that a fiduciary has breached a duty, necessitating the person in the fiduciary capacity to defend against this claim. Regardless of the circumstances, our rigorous trust and estate litigators handle both initiation of litigation against fiduciaries and defense of claims against a fiduciary.

We welcome you to contact us to schedule a consultation and to learn more about our legal services related to fiduciary litigation.