A fiduciary duty exists when a person must act in a way that protects another party’s specific interests. In probate and estate matters, this duty often applies to executors, administrators and trustees who manage estate assets and carry out the wishes in a will or trust.
If you suspect a breach, review the main points in order to understand the situation and find possible solutions.
Establish the existence of a fiduciary relationship
First, confirm that a fiduciary relationship exists. In probate and estate contexts, examples include:
- An executor administering a decedent’s estate
- A trustee managing assets for beneficiaries
- An administrator overseeing estate property without a will
These roles involve trust, loyalty and care. Identify the type of relationship and explain why those duties apply to the relevant audience, whether that is the court, mediator or your legal counsel.
Identify the breach of that duty
After establishing the fiduciary relationship, look at executor’s actions to determine if they failed to fulfill their duty. Breaches can include self-dealing with estate property, failing to provide accurate accountings to beneficiaries or neglecting to protect assets. They can also involve withholding important information that affects inheritance rights. Describe the conduct that went against accepted estate administration practices.
Show the damages caused by the breach
Show the link between the breach and the harm. This harm can include financial loss to the estate, reduced inheritance for beneficiaries or a drop in property value.
Provide evidence that connects the conduct to the harm. Without this link, the claim may not succeed. Focus on the cause-and-effect relationship instead of making speculations about the legal outcome.
Considering the options
Once you have confirmed a fiduciary relationship, identified a breach and linked it to actual harm, organize all supporting evidence. Arrange records, create a timeline of events and prepare documentation that illustrates the sequence from duty to breach to damages. This preparation allows you to explore possible resolutions, such as mediation, negotiation or legal action, that may help reach a fair outcome. If you are uncertain about the best path forward, consider reaching out to an estate attorney who can review your findings and explain your available options.