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Breach Of Fiduciary Duty

Pursuing Justice when Trust is Violated

When a loved one appoints a trustee to handle their financial affairs, they typically choose someone in whom they have absolute confidence. When that trust is violated, it can be devastating, both financially and emotionally. To deal with probate cases that involve a breach of fiduciary duty, an experienced attorney is absolutely necessary. In Daytona Beach, FL, Mr. Thomas Upchurch can help you recover what you are owed after a breach of fiduciary duty. He has extensive experience within this field of legal disputes, and he has successfully handled a wide variety of cases involving breach of fiduciary duty. Contact his office today to schedule a case evaluation.

What is Breach of Fiduciary Duty?

Under Florida law, a fiduciary, such as a trustee or individual with power of attorney, is required to “administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries,” unless otherwise directed in the trust or will. There are many types of breaches of fiduciary duty. We often handle cases in which a trustee has wrongfully engaged in self-dealing. In this situation, a fiduciary takes advantage of their position, typically to benefit their own interests, and does so at the expense of their client or estate beneficiaries.

Breach of fiduciary duty cases can be quite complex. Therefore, it is essential to hire an attorney who is experienced in such cases.

Examples of Breach of Fiduciary Duty

Instances of breached fiduciary duty are often not discovered until after a loved one’s death, and can involve a variety of issues:

  • Failure to provide annual accountings to beneficiaries
  • Misappropriation of trust or estate assets
  • Failure of the trustee to post bond
  • Mismanagement of trust assets

Often, breach of fiduciary duty can involve caregivers and their clients. While caregivers provide invaluable assistance, there are isolated situations in which these individuals misuse their position, taking advantage of the disabled or elderly. It is important to recognize such forms of exploitation so that you can protect your loved ones. For example, caregivers are often added to their clients’ bank accounts to pay for necessary items. Over time, some caretakers may syphon off their client’s assets for their own advantage. In other cases, someone with power of attorney or acting as financial representative may retitle assets in their own name, provide themselves with gifts, or overly compensate themselves for their services.

Why Choose Thomas Upchurch for Your Case?

Breach of fiduciary duty cases can be quite complex and involve a variety of legal relationships. Therefore, it is important to hire an attorney who is equipped to handle such cases. Thomas Upchurch focuses solely on probate law, and he has handled hundreds of probate cases. His past cases of breach of fiduciary duty have involved a diverse range of circumstances, including classic misappropriation, unaccounted sales of personal property, and self-dealing with large amounts of money. Thanks to his extensive background, Mr. Upchurch can help you reclaim what is rightfully yours.

Contact Us for a Case Evaluation

If you or a loved one has been affected by a breach of fiduciary duty, contact Mr. Upchurch today to schedule a free consultation. If we are unable to answer your question immediately, we will get back to you within 24 hours.