Experienced Representation For Fiduciaries And Beneficiaries
A fiduciary duty arises whenever one person takes or is assigned legal responsibility to manage the affairs of another. The duty demands the highest standard of care — and a breach of the duty requires the breaching party to account for their malfeasance and compensate the beneficiaries for their actions, even if the beneficiaries suffered no harm.
At Fergus, A Law Office, 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. With over 35 years of legal experience, I am a passionate attorney who is very familiar with the duties and obligations of fiduciaries and the rights of beneficiaries. Whether you are a fiduciary seeking legal guidance to perform your duties or defend decisions you have made, a beneficiary whose rights have not been protected, or in a dispute with your fiduciary, I have the experience, expertise and judgment necessary to help you protect your rights.
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 the trust — Trusts are often created in one time period but continue to exist for many years. Questions can arise about the intent of the trust as applied to new circumstances, and fiduciaries and beneficiaries sometimes disagree over how the trust should handle unexpected developments or changed circumstances.
- Mismanagement — Incompetence 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, 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.
I Can Help 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.
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. To schedule a consultation to discuss your case, call me at 866-256-5487 or contact my office online. Located in San Francisco, California, I am a lawyer who helps fiduciaries and beneficiaries nationwide.