Breach of Trust Duties
Orlando Trust Litigation Attorney
When an executor or administrator of a trust is appointed, they are bound to act in the highest standard of good faith towards their beneficiaries, and may not obtain any advantage by misrepresentation. They are responsible for administering assets for the sole benefit of the beneficiary or beneficiaries.
Unfortunately, one of the fastest growing areas in probate and trust litigation involves trustees who negligently ignore or abuse their duties.
Failure to adequately adhere to their prescribed duties, according the law, the appointed trust administer may be personally held liable for their breach of trust duties, and in some cases, may even be held criminally liable.
Anthony J Diaz represents beneficiaries who are victim of a breach of trust duties. We utilize every legal tool available, as well as our many years of experience, to protect your legal rights and the assets which have been left to you by a loved one.
Contact our office today by calling (407) 647-7887 to speak with an experienced Orlando Estate, Trust and Probate Attorney who fights for the rights of those who are the victim of a breach of trust duties.
Over the years we have assisted many Orlando, Winter Park, and Central Florida area clients in putting an end to discovered breach of trust duties, and in certain cases, aided in the recovery of lost or mismanaged assets.
The extent of a trustee’s duties and authority are set by the trust instrument and applicable laws. Any deviation from trust terms or the law, absent an acceptable excuse or modified terms of authority, may constitute a breach of trust duties.
When there is a loss due to the breach of trust duties, the beneficiary may seek damages against the administrator of the trust. Depending upon the circumstances, a trust beneficiary may also be able to bring legal actions against third parties who, knowingly and actively participated with the trustee in a breach of trust. These circumstances may include evidence of active participation to defraud a beneficiary, aiding or abetting the breach of trust, or by receiving trust property from the trustee in a knowing breach of trust.
As an experienced attorney serving Orlando, Winter Park, and Central Florida area residents in estate, trust, and probate litigation, we diligently investigate, analyze and fight to correct any breach of trust actions. We have a comprehensive understanding of the law as it relates to fiduciary duty.
Contact an experienced Orlando Breach of Trust Attorney at CPLS, P.A. today by calling (407) 647-7887 or by utilizing our online case submission form . All consultations are confidential.