Breach of Fiduciary Duty

Breach of Fiduciary Duty

San Diego Breach of Fiduciary Duty Attorney

Executors, probate administrators, and trustees are all fiduciaries. Therefore, they are legally obligated to act in good faith and solely in the best interest of beneficiaries. 

If the party acts contrary to that duty, it is called a breach of fiduciary duty and can result in legal action in civil court. If you have suffered damages due to a breach of fiduciary duty, our reliable San Diego probate litigation attorney can provide the legal representation you deserve.

Vincent Casiano has extensive experience in successfully litigating breach of fiduciary cases in various circumstances. He can review your case to decide whether legal action is warranted. He will help you determine the different fiduciary responsibilities and prove that there has been a breach of the fiduciary relationship.

Contact Vincent now to schedule an initial consultation!

Why Do I Need a Breach of Fiduciary Duty Attorney in California?

When a fiduciary you’ve trusted fails to act in your best interests, you have the right to pursue justice. Any time a fiduciary has obtained profit through self-dealing or by causing a loss to another party, they may be held accountable. However, determining whether a breach has occurred is not easy as it may seem.

Our skilled San Diego breach of fiduciary duty attorney Vincent Casiano understands how the fiduciary relationship works. He can help you investigate breaches of duty against you, determine whether fraud was involved, and help you gain a favorable result. He will work aggressively to hold the fiduciary responsible for their misconduct and to help you obtain the appropriate remedy in your case.

Who is a Fiduciary?

San Diego breach of fiduciary duty attorney

A fiduciary is a person you have appointed in a position of trust. Fiduciaries have a bond of trust with clients and must avoid conflicts of interest. The fiduciary holds a responsibility to act in your best interests and uphold the duties of their position.

 A fiduciary duty is one of the most demanding obligations that exists under the law. It requires a person in a position of trust and confidence, such as a trustee, executor, administrator, or personal representative, to act with utmost good faith and loyalty towards the beneficiaries of the trust or probate estate they are administering. They are not to act in their interests, achieve a personal benefit, or gain at the expense of the beneficiaries they serve. 

Whether you are a fiduciary or someone who has a relationship with a fiduciary, it is highly recommended to seek legal advice from a credible San Diego fiduciary attorney to help you understand your duties.

What Does it Mean to Breach One's Fiduciary Duty?

A breach of fiduciary duty occurs when:

  • The person designated to oversee estates or trusts fails to exercise due diligence in his duties
  • An executor responsible for managing the will acts in his own best interests and not in the best interests of the deceased
  • There is mismanagement that favors one beneficiary over one or more beneficiaries
  • There is a conflict of interest which benefits the trustee rather than the beneficiary
  • Self-dealing actions that place a trustee’s interests above the beneficiaries
  • Failing to inform beneficiaries of events known to reduce the value of assets
  • Failing to pursue a valid legal claim that would protect trust assets
  • Mixing trust assets with trustee’s assets to apply for a loan
  • Removing property from an estate without approval
  • Negligently managing or valuing assets during the process of estate administration

 

California law specifically prohibits a fiduciary from taking any action or making decisions contrary to the best interest of those expected to benefit from the fiduciary service.

When a breach of this responsibility occurs, various legal issues affect the fiduciary and the beneficiary. Since violations of fiduciary duty can cause extensive damages, you will need the guidance of a skilled San Diego breach of fiduciary duty attorney to navigate your case.

How Do You Prove Breach of Fiduciary Duty?

California has an explicit set of standards to help residents identify breaches of fiduciary duty and pursue compensation for their damages through the legal system. 

Certain elements must be met for a successful claim, and different avenues exist for awarding damages. Consulting a qualified San Diego breach of fiduciary duty lawyer to help you build your breach of fiduciary duty legal claim is essential.

You must prove that the following elements exist in your case:

Fiduciary Duty

The “fiduciary duty” element requires that the defendant owe a special duty to the plaintiff. To establish that a fiduciary duty existed, you need to show a special relationship of trust between you and the other party

Fiduciary duties only arise on matters within the scope of the fiduciary relationship. The nature of the duty will depend on the circumstances of the case. It may include the duty of good faith and fair dealing, the duty of full disclosure, or the duty of loyalty.

Breach of Duty

In addition to proving the existence of a fiduciary relationship, you must also show that a breach of fiduciary duty occurred. The type of breach varies in every case. You need to prove that the other party has violated their fiduciary duty by doing something contrary to your interest.  

Damages

Once a fiduciary duty is established, and you can show a breach in their duty as fiduciary, you must prove that the breach has caused you damages. Even if a fiduciary wronged you somehow, your breach of fiduciary duty case is meaningless unless their actions have caused you to incur damages. It is essential to show that you have suffered a loss.

Call An Experienced San Diego Breach of Fiduciary Duty Lawyer Now!

Disputes over the alleged breach of fiduciary duty can be extraordinarily complex. A breach of fiduciary duty is one of the most common probate litigation lawsuits filed in San Diego CAIt is considered a serious violation of law which can result in a lawsuit against the individual who has broken their fiduciary responsibilities. I

f you believe you have grounds to assert a claim for breach of fiduciary duty, it’s best to seek legal help from a competent San Diego breach of fiduciary duty attorney at Casiano Law Firm.

Vincent Casiano is highly experienced in all estate and probate litigation areas. He is prepared to take your case to trial to demonstrate that the person or party has committed a breach of fiduciary obligation at fault. He thoroughly examines each of the elements required for a breach in fiduciary duty claim very seriously. 

Contact Vincent now and schedule an initial case evaluation!

Need a Comprehensive Estate Plan & Strategic Estate Litigation Attorney?

With years of experience in Elder Law and Estate Planning, San Diego estate litigation attorney Vinny Casiano helps his clients understand the pros and cons of each strategy to make the best decision for themselves and their families. Finally, he assists his clients in carrying out whatever strategy they have decided is best for them.

Got Probate or Trust Concerns? Get Help NOW!

Whether your concern is about will or trust contests, fiduciaries, or complicated estate plans, San Diego probate and trust litigation attorney Vincent Casiano is here to help. Get high-quality and personalized legal solutions that will address your needs today!