Experienced Representation For Fiduciaries And Beneficiaries

Individuals and organizations assigned legal responsibility to manage the affairs or financial assets of another have what is known as a fiduciary duty to those for whom the assets are intended, who are known as beneficiaries.

I am Gary Fergus, a complex civil litigation attorney. Over the course of my legal career, I have had substantial experience in complex fiduciary rights cases where billions of dollars have been at stake and tens of thousands of lives at issue. I am very familiar with the duties and obligations of fiduciaries and the rights of beneficiaries.

If you are a fiduciary or a beneficiary involved in a dispute related to an institutional fiduciary dispute, complex trust or other instrument, I can help you determine if the claim in question is legitimate and how to proceed in a way that best protects you or your institution’s interests. I have been helping people confront complex civil law issues and delivering results for them for more than 40 years.

Cases I’ve Handled

• $1.2 Billion Settlement (After Trial): Represented a former deputy attorney general of the U.S. who was appointed as fiduciary for over 18,000 individuals.
• $250 Million Settlement (After Trial): Represented a former deputy attorney general of the U.S. who was appointed as fiduciary for over 6,000 individuals.

View More Case Results

Experienced, Comprehensive Representation For Fiduciaries

If you are a fiduciary seeking legal guidance to perform your duties or defend decisions you have made, I have the experience and judgment necessary to help you protect your rights. At my firm, Fergus, A Law Office, I can help you with many kinds of challenges, including:

• Issues of compliance and risk management
• Defending against claims of alleged breach of fiduciary duty, claims to appoint a new trustee or accusations of conflict of interest
• Representing fiduciary agents in claims related to waste of assets, suitability of investments or breach of the prudent investor rule
• Acting as your representative when there are calls for records or when the adequacy of disclosures to beneficiaries is at issue
• Defending against questions related to trustee fees and expenses
• Litigating on behalf of the trust when a claim against or by a third party is involved

Your work as a fiduciary agent is built on trust. As your fiduciary rights attorney, I can protect you when you face legal exposure, and help you retain your reputation in your community and in your industry sector.

Representation For Institutional Beneficiaries

Institutions such as museums, charitable organizations or other nonprofits often accept funds through charitable remainder trusts and other types of trusts. This makes them beneficiaries of these trusts. Despite the best of intentions, these transfers do not always go smoothly and are not always without controversy. If your organization has suffered a loss due to a breach of fiduciary duty, you are entitled to a remedy. As your beneficiary lawyer, I can help protect your rights as a beneficiary and figure out the best course of action.

Examples of ways your fiduciary rights might be violated include:

• Questions of undue influence, improperly set up trusts or multiple versions of a will: The bequest you were promised by a potential donor could be challenged by family members or other potential beneficiaries who exercised undue influence over a trustor. The fiduciary agent for the estate or trust may not be overseeing financial instruments that were constructed in compliance with state and federal law.
• Disputes interpreting the intent of the trust: Trusts created in a particular time period continue to exist for many years. Questions can arise as time goes on about the intent of the trust as applied to new circumstances. Additionally, fiduciaries and beneficiaries sometimes disagree over how the trust should handle unexpected developments or changed circumstances.
• Mismanagement: Incompetence on the part of the fiduciary overseeing the trust that does not rise to the level of criminal conduct can be construed as mismanagement. 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, for example, 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.

Act Quickly To Protect Your Interests

If you suspect that something is amiss, as either a trust beneficiary or a fiduciary agent, you should seek experienced legal counsel immediately. Early, decisive action may prevent irrecoverable losses. To schedule a consultation to discuss your case, call me at 866-256-5487 or contact my office online. Located in San Francisco, I’m a trust trial lawyer who helps fiduciaries and beneficiaries nationwide.