Fiduciary Rights

San Francisco Trial Attorney Protects Your Fiduciary Rights

Experienced representation for Fiduciaries and Beneficiaries

Fiduciary duty arises whenever one person takes or is assigned legal responsibility to manage the affairs of another.  In my practice, I have had substantial experience in asbestos cases where the court ordered defendant corporations to create a trust to hold assets to be paid as damages to plaintiffs and future claimants. Billions of dollars were at stake, which would ultimately impact tens of thousands of lives. I also represent fiduciaries themselves. I have served as court-appointed attorney for the court-appointed fiduciary where the settlement amount exceeded $3.4 billion.  I am very familiar with the duties and obligations of fiduciaries and the rights of beneficiaries.  If you are a fiduciary seeking legal guidance to perform your duties or defend decisions you have made, I have the experience to represent you.  If you are a beneficiary whose rights have not been protected or if you are in a dispute with your fiduciary, I also have the expertise and judgment to help you protect your rights.  For example, I brought an action against Charles Schwab to vindicate the rights of all minor children in their uniform gifts to minors act.  As a result, Charles Schwab changed its policies nationwide to recognize the rights of minor children.  If your rights as a beneficiary have been violated or if your conduct as a fiduciary is challenged, Fergus, A Law Office can help you.

Have your fiduciary rights been violated?

You may be the beneficiary of a trust. If you suffered losses due to a breach of fiduciary duty, you are entitled to a remedy. Examples of ways your fiduciary rights might be violated include:

  • Disputes Interpreting the Intent of Trust Often Trusts are created in one time period but continue to exist for many years. Questions arise about the intent of the Trust as applied to new circumstances.  Fiduciaries and beneficiaries can disagree over how the Trust should handle unexpected developments or changed circumstances.
  • Mismanagement — Incompetence that does not rise to the level of criminal conduct. If you suspect mismanagement, it is possible to file suit to force an accounting of your fund’s assets.
  • Imprudent or reckless investment — A fiduciary who has the responsibility to invest fund assets must act cautiously. Failing to diversify investments, or loading up on high risk stocks in violation of accepted norms for investing, could be construed as a violation of fiduciary duty.

In some cases, it may be possible to get a court to issue an injunction against a fiduciary to prevent actions detrimental to the stakeholders or to mitigate their effects. When the damage is already done, it is sometimes possible to get a judgment against the fiduciary who may be personally liable for financial losses.

Contact Fergus, A Law Office to protect your fiduciary rights

If you are a trust beneficiary, you have a right to expect that the people managing your assets are honest and competent. If you suspect that something is amiss, you should seek experienced legal counsel immediately. Early, decisive action may prevent irrecoverable losses. To schedule a consultation to discuss your case, call Fergus, A Law Office at 415.537.9030 or contact my San Francisco office online.