Fiduciary Litigation - Genser Cona Elder Law

Fiduciary Litigation

The goal of estate planning is to ensure that assets are passed in a manner that avoids uncertainty and/or conflict during probate. However, even the best estate plan can fall victim to fiduciary wrongdoing, especially if there is willful misconduct.   

If you're a beneficiary and believe your loved one's estate has been compromised, you have a right to take legal action. On the other hand, Administrators or Executors who face legal action regarding their position also have a right to find the best legal representation.

The attorneys at Genser Cona Elder Law offer decades of experience representing fiduciaries defending against beneficiaries’ claims of misconduct and preventing fiduciaries from being removed based on claims involving misconduct, negligence and fraud.

Regardless of the situation or circumstances surrounding the fiduciary litigation, we will work to protect your rights and provide you with unwavering professionalism.

What Is a Fiduciary & Fiduciary Misconduct?

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.

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.

Examples of Fiduciary Misconduct

Breach of a fiduciary duty may include:

  • Negligence in the management of estate or trust assets, including imprudent investments and/or failure to account for assets.
  • Intentional acts of fraud such as withholding pertinent information, hiding financial documents and other acts of untruthfulness.
  • Removing property from an estate.
  • Self dealing - transferring assets from the estate to the fiduciary.
  • Failure to cooperate with beneficiaries or provide necessary information.
  • Failure to properly conduct the administration of an estate.
  • Failure to properly carry out the instructions left in a will or trust.

Experienced Fiduciary Litigation Attorneys in New York

At Genser Cona Elder Law, we bring more than two decades of experience protecting our clients’ rights. Examples of the types of fiduciary cases we've litigated include:

  1. Disinherited family members.
  2. Lifetime transfers that impact equal distribution among heirs.
  3. Claims against caregivers and/or family members who've taken funds by fraud.
  4. Misuse of a Power of Attorney to convert funds during decedent’s lifetime.
  5. Claims between two fiduciaries over conflicts of interest.
  6. Disputes arising from differences of opinion on tax strategies or asset management.
  7. Asset transfers made for Medicaid/asset protection purposes.

New York Fiduciary Removal Proceeding Attorneys

Whenever someone is given the responsibility of managing the estate assets, this person is expected to act with integrity, honesty, and to the benefit of the beneficiaries. Anytime an executor or administrator has proven themselves to be possibly corrupt, incompetent, or unqualified, they should be removed from their position of authority, which can be achieved through a fiduciary removal proceeding. Why would someone seek to remove a fiduciary in New York? Here are a few of the top reasons:

  1. Using the fiduciary position for personal gain or profit.
  2. Performing actions without court approval.
  3. Mismanagement of a family owned business.
  4. Performing actions that violate court orders.
  5. Financial mismanagement, including problematic investment decisions or accounting errors.
  6. Being uncooperative or hostile in working with others in a manner that obstructs the administration of the estate.

If you are a co-fiduciary or a beneficiary of an estate and you feel the person entrusted with the management of the estate has failed to effectively act, contact the New York fiduciary litigation attorneys at Genser Cona Elder Law. We offer the experience of handling a vast range of complex estate litigation cases, including fiduciary litigation and fiduciary removal.

Contact Genser Cona Elder Law for New York Fiduciary Litigation

Fiduciary litigation is a highly complex process and requires the experience of the skilled team of estate litigation attorneys at Genser Cona Elder Law. Since 1998, we have worked to provide our clients with personalized attention, professionalism, and cutting-edge solutions.

Contact Genser Cona Elder Law for fiduciary litigation in New York.