Abuse of Fiduciary Duty in Essex County
What is a breach of fiduciary duty?
Fiduciary duty is the legal obligation to act in the best interests of another person. Trustees, executors and administrators have a fiduciary duty to the beneficiaries, which means that they are legally required to perform their estate administration or trust management services effectively. Additionally, those entrusted with a power of attorney have a fiduciary responsibility to make reasonable and responsible choices for the individuals in their charge.
Types of Breaches of Fiduciary Duty In New Jersey
Trustees, executors, and administrators breach their fiduciary duty when they take deliberate actions with the intent to benefit themselves and harm the beneficiary.
Breaching fiduciary duty can occur in a variety of ways, including:
- Improper investments
- Failure to adhere to New Jersey probate laws or an order of the Surrogate court
- Failure to protect property during probate
- Self-dealing
- Excessive compensation
- Withholding inheritance
- Stealing assets
Protect Your Rights and Property
Whether you are dealing with a will, trust or power of attorney, my firm is prepared to help you protect your rights and property. I understand that you may be dealing with a close family member or friend, but I can help you seek a solution that is favorable for both parties. When possible, I attempt to work with you and the trustee, executor or administrator accused of the violation. If a solution cannot be reached without court interference, I am certified by the New Jersey Supreme Court as a civil trial attorney and can aggressively fight for your inheritance or other property in the courtroom.
Enlist a West Orange Probate Lawyer for Your Case
Breaches of fiduciary duty are not always clear cut, but an Essex county probate lawyer from The Law Office of Alice Beirne can assess your situation and explain your legal options. With more than 30 years of experience, I am prepared to represent you both in and out of the courtroom. Clients come first at my firm, and you can speak to me directly when you call.
Complete a free case evaluation to learn more about your legal options, contact my office today.