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What you can do about breaches of fiduciary duties

Losing a loved one is one of the most devastating events people experience. Between the emotional toll that a death can take on people and the work it takes to cope with the grief and move forward, there may not be a lot of energy or resources left to deal with much else.

Unfortunately, many people in this situation do have to take on even more serious challenges when the time comes to administer the decedent's estate and disputes arise. This can happen if there are questions or concerns over the person entrusted with fiduciary duties.

Disputes can arise if you do not think that someone is acting in the best interests of the person who passed away, which is required of the person or people named as executors or trustees, or those given power of attorney.

There are many ways a person could breach a fiduciary duty. For instance, if you feel a trust is being mismanaged because the trustee is using money from the trust inappropriately, this could raise some red flags. If you learn that your parent passed away with no money, despite his or her assurances that there would be inheritances, there may be grounds to question your parent's power of attorney.

In some cases, you may already have proof of a fiduciary duty breach; in other cases, your gut may be telling you something is not right.

In either situation, it can be crucial that you take action and consult an estate planning attorney like those at our law firm if you suspect abuse or misuse. We know that this is a difficult time, but we also know that protecting your loved ones and their financial wishes is of utmost importance. 

To learn more about fiduciary duty breaches and what you can do about them, please visit our website.

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