Albertson & Davidson

Trustee Breach of Duty Lititgation

The actions of every fiduciary, whether acting as Trustee, Executor or Conservator, are subject to the strictest scrutiny and constantly vulnerable to attack by a beneficiary. Fiduciaries have a host of duties and liabilities that govern their actions and they are held to the highest degree of care for every act they undertake (and every act they choose not to take). 

For example, fiduciaries have the burden of proof at trial to establish that their actions were fair and reasonable under the circumstances (unlike other areas where the person contesting an action carries the burden of proof). With the heavy burden of acting as a fiduciary, every fiduciary needs knowledgeable counsel to act properly and ensure their chances of being attacked by a beneficiary are minimized.

Our in-depth knowledge of Trust and Estate matters is essential to helping fiduciary’s meet their legal obligations. We have both defended and attacked fiduciaries, so we understand what they should be doing and how they can be successfully attacked if they do not meet their legal obligations. This experience allows us to provide a unique perspective to fiduciaries when they are administering a Trust, Will or Conservatorship estate. And we have the necessary trial experience to handle all matters up to and through trial, if necessary, to achieve a client’s desired result.

Want more information? We have posted a number of our litigation forms in our Forms directory and on our blog. And we have a host of forms for other areas, such as estate planning, probate and trust administration.

To learn more about how Albertson & Davidson, LLP can help you in abused estate and Trust beneficiary litigation contact us today or call (951) 686-5296.