Your Broomfield Breach of Fiduciary Duty Lawyers
Protecting Assets, Holding Representatives Accountable
Most fiduciaries are committed to carrying out a loved one's last wishes. However, because this is a challenging time for all, there are situations where disagreements arise or parties don't agree.
If you’re dealing with a fiduciary who is not staying impartial, has a conflict of interest, or simply is not acting in the best interests of the estate, let our experts assist.
As Broomfield fiduciary duty breach lawyers, Jorgensen, Brownell & Pepin, P.C. will advocate on your behalf and on behalf of your loved one. Together, we'll protect legacies and last wishes.
Comprehensive Assistance
When a fiduciary fails to fulfill their legal obligations, we can immediately address issues to maintain the estate's integrity. Here are just a few of the many ways our Broomfield law firm can step in on your behalf:
- Negotiating breach compensation: For those who have experienced a financial loss due to the fiduciary duty breach, we can fight for repayment.
- Advocating for a temporary fiduciary: Should a situation require immediate action, our team will petition to appoint a temporary personal representative.
- Imposing constructive trusts: If assets are mismanaged, we’ll work to impose a constructive trust, which places disputed assets under the court’s supervision.
- Fighting to reverse decisions: Don’t let inappropriate actions harm the estate; turn to our professionals for assistance with reversing and nullifying the actions of a failed personal representative.
What Sets Our Firm Apart?
The team here at Jorgensen, Brownell & Pepin, P.C. believes in efficiency but not at the expense of kindness. We understand how delicate these situations are and we’ll not only focus on protecting the estate in question but ensuring you have the support and guidance you deserve.
Lean on our comprehensive approach, 30+ years of experience, satisfied clients, and tailored legal solutions to solve breach of fiduciary issues and confidently move forward.
Looking For Compassionate Guidance? Contact Jorgensen, Brownell & Pepin, P.C.
Get the legal expertise you need to successfully navigate a breach of fiduciary duty in Broomfield; get in touch with our estate lawyers today. We’ve helped many individuals and families take corrective action, and look forward to doing the same for you.
Frequently Asked Questions
What are the duties of a personal representative?
A personal representative is always appointed by the court, even if the deceased left a will. Once appointed, the personal representative has several duties. One of the most important is to put the interests of the estate in front of the personal representative's own interests, which is called fulfilling a fiduciary duty. The personal representative may not favor one heir or beneficiary over another, and they must do their deliberate best to follow the instructions laid out before them to the letter.
The personal representative of an estate must:
- Collect and inventory the assets of the estate
- Manage the assets during the probate process
- Pay the final bills of the deceased
- Make distributions to the heirs or beneficiaries
What constitutes a breach of fiduciary duty?
Breaches in fiduciary duty occur when a trustee, personal representative, executor, custodian under a UTMA account, guardian, conservator, financial and medical power of attorney fails to act in the best interest of the beneficiaries by:
- Mismanaging assets
- Failing to distribute assets according to the will or trust
- Acting with a conflict of interest.
Our team can help by evaluating the actions of the fiduciary against Colorado probate laws and standards of conduct to determine if a breach has occurred.
How do I prove a breach of fiduciary duty in court?
It requires showing that the fiduciary had a duty to the beneficiaries, that duty was breached through their actions or inactions, and the breach resulted in harm or loss to the estate or beneficiaries.
What can I do to address a breach of duty?
Remedies may include removal of the fiduciary, restitution or compensation for losses incurred due to the breach, and sometimes punitive damages if the breach involved fraud or malice. Legal guidance is crucial to navigate the complexities of such cases and achieve a fair outcome.
Can a fiduciary be held personally liable for losses to the estate?
Yes, if it is proven that the fiduciary's breach of duty led to financial losses for the estate. Our team can help by accurately assessing the financial impact of the breach and pursuing appropriate legal action to recover damages.
Probate Specialties
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