Executor Breach of Fiduciary Duty
A Philadelphia executor breach of fiduciary duty attorney can help you if you believe that you have grounds to pursue a claim of breach of fiduciary duty. Fiduciary duty refers to the official legal responsibility that a person appointed in a position of trust has to another person. A trustee, for example, has clear responsibilities for the beneficiaries of that trust.
The fiduciary duty that that trustee holds is to act in the best interests of the other party. An executor, for example, has a fiduciary duty responsibility to act in the best interests of the estate's beneficiaries. If you can show that this person did not act in the best interests of the estate's beneficiaries, you might be eligible to bring about a lawsuit. An executor fiduciary duty breach attorney in Philadelphia can help you file this lawsuit.
The other party will likely respond to your claim by saying that what they did was in the bests interests of the beneficiaries at the time the action was carried out. It falls to you as the person claiming harm to have enough evidence in your legal claim to show how you have suffered because of another person’s behavior. You should not have to cope with these difficult situations on your own. Make sure you are organized with your probate dispute evidence early on in Pennsylvania so that there are no unwelcome surprises.
An executor breach of fiduciary duty lawyer in Philadelphia is the person who gathers all of the necessary evidence and initiates the legal case. Executors have a clear legal obligation to bring the estate to a conclusion as expeditiously and as effectively as possible while maximizing the inheritance for the beneficiary. The executor holds numerous different responsibilities, all of which must be completed over the course of closing out the person's estate. For example, the executor has to gather the estate's assets, settle the debts of the deceased, and distribute what is left according to the rules of intestacy or the will. If you are currently a beneficiary and have reason to believe that an executor or any other person who has fiduciary duty has breached this, you need to consult with a lawyer as soon as possible. If you believe that the estate administrator, the personal representative, the executor or a trustee has breached his or her fiduciary duty, you are well within your rights to retain an estate litigation lawyer to get a court order that officially forces the fiduciary to provide a full accounting.
This accounting might be the evidence that you need to illustrate that this other person violated the laws and put his or her own best interests first. If a judge identifies that a breach of fiduciary duty carried out by an executor led to financial damage, the fiduciary can be surcharged and be responsible for refunding the estate from their personal funds. The judge might also determine after the evaluation of the accounting that the executor should be removed from the case completely. Typical breaches of estate executor fiduciary duty in Philadelphia includes self-dealing, embezzlement, comingling estate assets or losses that were created because of the executor's omission or wrongful act. In these complicated situations, it pays to have the support provided by an experienced and dedicated lawyer who understands Pennsylvania's laws regarding breach of fiduciary duty and who will take necessary action as soon as possible to protect your best interests.