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Breaching fiduciary duty: Beneficiaries have a right to act

You create a trust knowing that someone has to carry out the duties of the trust after you pass away. That individual has a fiduciary duty to you, your beneficiaries and the trust itself. You expect that individual to make good decisions and to engage in acts that grow the trust or dole it out fairly.

Determining a lack of capacity in estate disputes

Your father got older and had to move into a nursing home. You already knew he had a will, and he had set up a trust for your children, his grandchildren. You thought everything was ready and prepared, but when your father passed away, you were shocked to find that the trust had been altered and placed into the name of a worker at the facility where he was treated.

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