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Fiduciary Duty Violations

Are You Accused of Violating Your Fiduciary Duties as Executor or Estate Administrator?

A person names as an executor or appointed as administrator of an estate is presumed to have fiduciary duties. Fulfilling those fiduciary duties will ensure that beneficiaries, creditors and the government receive any benefits they are expected to receive including inheritance, accountability, tax returns filed on time and so on. Executors and administrators often rely on advice of estate law attorneys such as those of The DiCello Firm to guide them in execution of their duties.

Our law firm has nearly 40 years' experience in estate planning and probate law practice in the Cleveland area. Conveniently located in Mentor, we continue to serve clientele from a large geographical area in Ohio. We understand the need for many people to keep legal costs to a minimum. We are prepared to efficiently advise executives and estate administrators on ways to prevent or respond to charges of breach of fiduciary duty.

Charged with Mismanaging or Misappropriating Funds?

Administrators, trustees and executives sometimes face grey areas such as when a dying person gave power of attorney that allowed the fiduciary to draw money from his or her bank account to pay for medical care and other necessary expenses. Other family members, creditors or the probate court may want an accounting of such fund withdrawals — and allege that the fiduciary was mismanaging or misappropriating funds.

Another common scenario involves questionable monetary transactions with a person outside the family who has befriended an elderly or disabled person — and is subsequently named in a new will as executor.

Administering an estate requires an individual to meet a high ethical standard. Meet the challenge head-on if you have been accused of breach of fiduciary duty — or fear that this may happen. "Breach of fiduciary duty" is a far-reaching concept which affects many of our clients engaged in any type of will contest, trust dispute or any other type of probate litigation.

Contact The DiCello Firm to schedule a consultation — proactively or in response to legal challenge. Talk to a lawyer about the meaning of negligence or breach of fiduciary duty in your case.