FIDUCIARY DEFENSE AND LITIGATION ATTORNEYS LOS ANGELES
A fiduciary owes a special duty to the person or entity for whom he or she acts. The special duty obligates the fiduciary to put the interests of his/her principal ahead of his own interest. This is a relationship which imputes trust to the fiduciary. Our Los Angeles attorneys help defend fiduciaries and beneficiaries with respect to actions taken. An action against a fiduciary can include a Breach of Fiduciary Duty cause of action, as well as other claims.
Who is a fiduciary in California?
1. Trustees.
2. Executors and Administrators. (Personal Representatives)
3. Conservators.
4. Professional Fiduciaries.
5. Real Estate agents and brokers.
6. Escrow officers.
7. Attorneys.
8. Pension Administrators.
9. Guardians.
10. California Stockbrokers. (See special rules re compensation)
11. Investment Advisors.
12. Agents under a power of attorney.
Essentially, as a fiduciary, you hold assets of others and are to protect those assets, and must be able to account for those assets. Many times, trustees and executors are sued for breaches of fiduciary duty. Actions and even inactions by a trustee or executor and conservator are subject to Court review. If a fiduciary fails in administering the trust, or acts in bad faith, he or she can be personally responsible for the losses to the trust or estate.
In prosecuting and defending a breach of fiduciary duty action, experts generally testify as to the duty as it relates to the facts of the case. Our attorneys can help you determine if a duty exists, and to defend the actions of the fiduciary in good faith. Call our Los Angeles Ca Fiduciary Defense Attorneys at 818.340.4479.
