Probate Attorney in Los Angeles, California

Breach of Fiduciary Duty: What constitutes a breach of fiduciary duty in the probate context?

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A fiduciary is someone that is responsible to act ethically on your behalf. So generally, what you’re looking at is a trustee or a personal representative or an estate or an attorney or someone that you rely on in a professional context to assist. A breach of fiduciary duty is when an individual who has that duty to act ethically fails to act ethically. And there’s two kinds of breaches of fiduciary duty one of them is actions that benefit the trustee and the other ones are actions that benefit that are just negligence.

So for a breach of fiduciary duty that benefits a trustee you’re looking at generally conflict of interest, acting partiality benefitting one beneficiary over another. For actions involving negligence you’re looking more at someone that failed to invest the assets properly.

Los Angeles, CA estate & trust lawyer David A. Shapiro explains the role of a fiduciary and what constitutes a breach of that duty in the probate context.

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