A fiduciary can be any person or organization whose actions are for another person or group. Generally, fiduciaries place the needs of their clients before their own. They are legally and ethically required to act in the best interest of their clients. Guardians, trust companies, charities, beneficiaries, conservators, trustees, executors, and administrators can all be fiduciaries. The creation of relationships between clients and fiduciaries can occur due to statutes, contracts, or other situations.
Fiduciaries have a strict duty to their clients. They are required to ensure that no conflicts of interest detract from their ability to work for their client’s best interests. When fiduciaries do not act on their duty, fiduciary disputes can arise. These disputes can be legally complex but also involve sensitivities among family members.
In fiduciary disputes, it is necessary to first prove to a judge that a fiduciary relationship existed. Afterward, it is required to show the breach of relationship alongside the financial damage the breach caused. Our team of fiduciary dispute attorneys is skilled in covering each of these bases.
Fiduciary disputes can occur amongst many different practice areas. The collaborative practices at Kimball Anderson ensure that a knowledgeable attorney will consult with our fiduciary dispute team. With the expertise of multiple practice areas behind them, our attorneys can work on fiduciary dispute cases ranging from Will and trust disputes to good-faith agreements or litigation involving powers of attorney. Our fiduciary dispute team is not limited to these types of cases. We can assist clients with fiduciary disputes relating to any of our practice areas.