Breach of Fiduciary Duty

When a person serves as the Personal Representative of an estate that is being probated, he or she owes a special duty (called a fiduciary duty) to the beneficiaries of that estate. When one or more beneficiaries believe that the Personal Representative is misusing or misallocating estate funds or estate assets, the beneficiary(ies) may be able to file a breach of fiduciary duty action for the Probate Court to formally review the Personal Representative’s handling of the estate. If the Court determines that a Personal Representative has breached his or her fiduciary duty to the Estate, the Court can take any number of corrective actions to remedy the Personal Representative’s malfeasance. Our attorneys have experience in handling these types of proceedings and advising individuals regarding whether or not a breach of fiduciary duty has occurred under the law.