Litigators Addressing Breaches of Fiduciary Duty in Estate Administration
A fiduciary in estate administration is someone who manages the money and other property on behalf of someone who has died. A fiduciary may be the executor or personal representative of an estate, or a trustee. This person will be responsible for fulfilling various duties that involve the management of money, accounts, tax return filings and other fiscal matters.
If your arguments are well-founded, you may have the standing to petition a probate court or another civil law court to protect your interests through fiduciary litigation by:
- Weighing in on questionable interpretations of the expressed wishes of the deceased in a will or trust
- Removing and replacing a fiduciary who is not fulfilling their duties properly
- Auditing the accounts kept by a fiduciary
- Uncovering alleged fraud when a will or trust may have been forged
- Determining whether a will is invalid or a trust is defective
At Flournoy McLain, P.C., we can help you bring or defend against any type of estate litigation. We are aware of the emotions and family relationships involved that may be just as important in your case as the numbers in a bank ledger.
Our Lawyers Will Defend You or Bring a Claim on Your Behalf
If you have a fiduciary’s role for an estate, you naturally want to be respected and free to execute the will or administer a trust without controversies. You are wise to consult with an estate administration attorney for guidance to protect yourself from existing or potential allegations of breach of your fiduciary duties.
On the other hand, you may be a beneficiary or someone else with interests in the estate or trust assets who is convinced that an executor or trustee is wrongly managing an estate or the assets in a trust. Perhaps you are a creditor or litigant who believes some or all of the assets are rightfully yours, regardless of the wording of a will or trust. If you have compelling evidence, a knowledgeable attorney at our Dallas firm can help you petition a court to determine your right to bring a lawsuit.
Get a Resolution Underway
The longer you let an estate controversy fester, the more complicated it may become and the more difficult it may be to resolve.