Palm Desert Advocates Handle Breach of Fiduciary Duty Claims
CALIFORNIA ATTORNEYS LITIGATE DISPUTES RELATING TO TRUSTEES AND EXECUTORS
Certain relationships include fiduciary responsibilities that require one party to act in the other’s best interests. Whether the fiduciary is a trustee, executor, attorney or legal guardian, a violation of their duty can trigger serious harm. However, proving this type of claim is a complicated process, requiring a detailed review of actions that might seem proper on their face. Our Palm Desert law firm, Bochnewich Law Offices, gives California clients comprehensive guidance on breach of fiduciary duty claims. Attorney Peter Bochnewich has more than two decades of legal experience and a successful track record litigating cases relating to the administration of fiduciary duties. No matter what your interest is in this type of matter, our lawyers will provide the support you need to protect your rights.
SKILLFUL ATTORNEYS HELP TO DETERMINE WHETHER SOMEONE SHIRKED THEIR RESPONSIBILITY
If you had a legal reason to rely on someone and they acted in a manner that benefited themselves instead of you, relief might be available. During a free initial consultation, we will explain key elements of the California law, such as:
- Whether a fiduciary relationship exists — Various types of fiduciary relationships have been recognized by California courts, including attorney-client, executor-heir and trustee-beneficiary. The test is whether one party was duty bound to act for the benefit of another party. A mere contract is not enough. Both sides must understand that the non-fiduciary is relying on the fiduciary’s integrity.
- Duties and responsibilities — Agents and others cannot act in their own self-interest when serving in their fiduciary capacity. This means that they must provide all relevant information in a timely, accurate manner and avoid engagements that could negatively affect the person whose interests they are representing.
- Breach claims — Tort and punitive damages may be available if a fiduciary violates his or her obligation to act in good faith. We’ll assess whether a breach occurred and will pursue appropriate legal relief.
A fiduciary duty can be established by law or through an agreement between the parties. In some cases, the harm done by someone who abuses this role can’t be undone, so even if you only suspect that a problem exists, it’s best to seek advice from a qualified attorney.
Contact a California lawyer for a free consultation regarding a potential fiduciary claim
Bochnewich Law Offices represents Southern California clients in breach of fiduciary duty actions and other trust and estate matters. Please call 760-776-1377 or contact us online to schedule a free consultation at our Palm Desert office.