Breach of Fiduciary Duty Lawyers Serving Longmont
Ensuring Last Wishes Are Fulfilled
While most fiduciaries are committed to meeting their legal obligations, there are cases where that doesn’t happen. And it’s here that Jorgensen, Brownell & Pepin, P.C. can step in to assist.
If you’re dealing with a fiduciary who is failing to:
- Remain impartial
- Inform heirs and beneficiaries
- Act with care
- Disclose conflicts of interests
It's imperative to take action now to protect the estate and integrity of the deceased. The Longmont probate team handling breaches of fiduciary duties is here to offer comprehensive support, legal guidance, and compassion during this difficult time.
What Can Be Done to Address Fiduciary Duty Breaches?
There are several steps our legal team can take on your behalf to correct the situation, including:
- Advocating for temporary appointment: We can petition the court to install a temporary personal representative until the situation is resolved.
- Addressing compensation issues: If the estate or beneficiaries are financially impacted, our team will advocate for repayment of those losses. We'll also challenge the personal representative's right to receive compensation.
- Protecting the estate: To protect assets and the estate itself by placing them under the court’s supervision, we can petition for a constructive trust.
- Working to nullify actions: If the fiduciary takes actions that go against the wishes of the loved one who has passed, we'll take legal measures to reverse them.
When dealing with a fiduciary duty breach in Longmont, you need experienced professionals advocating on your behalf. Let our team be your legal support system.
What We Bring to the Table
Compassion
Dealing with the loss of a loved one is challenging enough; adding the stress of failed fiduciary duties can be overwhelming. Let us be the compassionate guide you need during this time of loss, helping you navigate probate and protect last wishes.
A Tailored Approach
As experts in the nuances of probate, we know it takes more than a one-size-fits-all approach. Our attorneys will carefully review your situation, compose a plan of action that protects the estate in question, and guide you every step of the way.
30+ Years of Experience
This world may be new to you. Lean on our years of experience to get through this trying time. We’ve helped many satisfied clients ensure the wishes of loved ones are fulfilled, and we’re honored to do the same for you.
Frequently Asked Questions
What are the duties of a personal representative?
The court always appoints a personal representative, even if the deceased left a will. Once appointed, the personal representative has several duties. One of the most important is putting the estate's interests in front of the personal representative's, which is called fulfilling a fiduciary duty.
The personal representative may not favor one heir or beneficiary over another and 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?
Proving misconduct 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.
Protect an Estate by Turning to Jorgensen, Brownell & Pepin, P.C.
Witnessing failed fiduciary duties is upsetting enough; don't add to that stress by navigating these complexities and finding solutions on your own. Schedule a consultation with our Longmont breach of fiduciary duty attorneys for the comprehensive assistance you deserve.
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