Practice Areas

Litigation & Fiduciary Duties

Fiduciary Litigation-LegacyElderLawCenter_105882788_L
Edited by Rory Clark

When You Need Your Day in Court

It is sad to say it, but sometimes people are unable or unwilling to faithfully exercise the trust placed in them by others. Attorneys-in-fact, trustees, and personal representatives are fiduciaries of the highest order. They owe a duty of more than just good faith. They cannot put their personal interests ahead of the individuals they are serving. An attorney-in-fact may transfer funds or real estate into his own name, change insurance beneficiary designations, and alter trusts. A trustee may “lend” money to herself or make inappropriate investments. A personal representative may favor his personal interests over those of the estate beneficiaries or refuse to deal fairly with those who are owed money by the estate. At the same time, individuals can make claims out of spite or just to harass or intimidate honest fiduciaries.

Such disputes can be highly technical and involve special deadlines and arcane procedures.  Our clients, who are looking to protect themselves, welcome our experience and special knowledge to guide them through some the most gut-wrenching and frightening challenges they will ever face. We favor amicable resolutions with fair results, but after more than 30 years, we have learned that the only way to get that kind of result is by showing adverse parties that you are absolutely willing to hold them strictly accountable in court.  With the Legacy Elder Law Center, you have the experience on your side to do just that.

Skip to content