A fiduciary is someone who acts for the benefit of another person. A fiduciary is required to exercise a standard of care which, if breached, would make him or her liable to the beneficiaries for damages caused by the misconduct (click here for examples of fiduciary misconduct).

The executor of a will, administrator of an estate, trustee and guardian are examples of fiduciaries. In the case of a will or trust, the fiduciary is responsible for the proper management and distribution of assets and may not benefit themselves to the detriment of the beneficiaries. Fiduciary misconduct may result in legal action by beneficiaries of an estate or trust calling for a detailed accounting, removal of the fiduciary, restitution (surcharge) and even criminal prosecution.

Our attorneys have broad experience both representing fiduciaries defending claims of misconduct and seeking their removal on behalf of beneficiaries in cases involving claims of fiduciary misconduct, including negligence and fraud.

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• Click here for Accounting Contests.
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