Experienced Denver Breach of Fiduciary Duty Lawyers
Ensuring Last Wishes are Upheld
If you suspect that a fiduciary is breaching duty, it's essential to take action. At Jorgensen, Brownell & Pepin, P.C., our attorneys are here to help you hold the responsible party accountable for inappropriate actions, such as:
- Failing to remain impartial
- Not disclosing conflicts of interest
- Neglecting to carry out final wishes
- Not acting against the best interests of the estate
If you believe an estate is being mismanaged, don't hesitate to contact our experienced breach of fiduciary duty lawyers in Denver.
Ways We Can Address Denver Fiduciary Duty Breaches
Advocating on your behalf, our estate lawyers can step in and assist in many ways, including:
- Facilitating repayment: Dealing with a financial loss due to the misstep of a personal representative? We can help compel repayment for those losses.
- Petitioning for an intermediate representative: Some situations are so severe that they require the immediate removal of the fiduciary. We can petition the court to do just that.
- Nullifying actions: If an action has been taken that does not align with the best interests of the estate, we’ll take legal measures to reverse it.
- Challenging compensation rights: Some fiduciaries receive compensation for carrying out last wishes. We'll challenge their right to said compensation if they fail to fulfill their obligations.
- Pushing for court supervision: When assets need an added layer of protection, we can submit a petition asking the court to oversee them.
Legal Guidance, Compassionate Support
Our assistance isn’t limited to our legal capabilities. As your Denver breach of fiduciary duty support system, we offer:
Custom Solutions
We take the time needed to understand the nuances of your probate situation. We’ll uphold Denver law while ensuring the specific issues you have are thoroughly addressed and resolved.
Comprehensive Assistance
Get answers to your questions, advice, and guidance every step of the way. Our experts will explain the entire probate process, what to expect, and work tirelessly to secure the results that help you move forward.
Compassion
Above all, our team will never lose sight of the challenging situation you’re in. We’re honored to help individuals and families and will treat you with the kindness, understanding, and compassion you deserve.
A Commitment to Excellence
Each and every one of our Denver estate attorneys will uphold the reputation we’ve built over the last 30+ years. Our track record speaks for itself and we invite you to hear from our satisfied clients.
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.
Take Corrective Action Today
Breaches of fiduciary duties are serious matters; the sooner you act, the more likely you are to protect the estate of your loved one. If you suspect that an executor or personal representative is failing to fulfill their legal obligations, contact our Denver estate attorneys right away.
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