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August 04

Breach of Fiduciary Duty and Pilfering of Client’s Estate

Written by Thomas Upchurch , ,

A few attorneys and I participated in the topic regarding breach of fiduciary duty and criminal acts by an individual in a fiduciary capacity. A person who has fiduciary duty may be an attorney, accountant, caregiver, attorney-in-fact or a court appointed Personal Representative. In the last few years there seems to be more cases of heirs bilking estates, attorney-in fact using undue influence over elderly, and caregiver misappropriation. In Florida, a person in a fiduciary capacity is held to higher standard when it pertains to handling a probate estate.

From a Probate Litigation Attorney’s perspective it made me reflect on how I feel about ethical behavior, breach of fiduciary duty, and criminal acts of an attorney-in-fact or Personal Representative in the capacity of his or her fiduciary duty.
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