Breach of Fiduciary Duty in Atlanta
What Is A Breach of Fiduciary Duty
When a person accepts the designation of executor or trustee of a trust or will, that person is obligated to act for the benefit and interests of the beneficiaries, as dictated in the trust or will.
To fail to do what is required correctly could be a breach of fiduciary duty, which could be one of the following:
Lack of knowledge
Conflicts of Interests
Actual criminal activity
Engaging Dana Ashford could be crucial to restoring stability and confidence during a time that is often wrought with strong emotions.
Protecting Your Reputation & Finances
You may be a beneficiary who suspects the executor or trustee is not acting correctly in that position, or you may be an executor accused of acting improperly. Our firm can review your situation and advise you about what could be done to bring the matter to a resolution.
Some of the more common ways a breach of fiduciary duty is alleged include
Not keeping an accurate record of financial transactions
Not following the law concerning how an estate is administered
Not following the terms of trust
Ignoring the best interests of the beneficiaries while pursuing self interests
Not supplying information requested from beneficiaries
Not performing any duties related to the administration of the estate as obligated
Stealing money or assets from the trust
Fiduciary Litigation Lawyer in Atlanta, GA
Trustee Litigation Attorney Dekalb
A fiduciary is an individual who owes a duty of care to another individual by being in charge of a retirement plan, being appointed power of attorney, a guardian, administrator, or executor of a ward or estate. When the fiduciary places the interest of himself or herself above those whose interest should come first, legal action can take place. The beneficiary may have a cause of action against the fiduciary if that individual has used the power for his or her own benefit.
Attorney Who Can Help With Fiduciary Matters
Litigation between the trust beneficiaries, the trustees and personal representatives is a complex area of law and should be handled by a skilled and qualified attorney like Dana Ashford
. If there is tension between parties because of a misuse of power, it is essential to take immediate action. Dana will take whatever legal means necessary to assist clients with their fiduciary litigation cases. She can attempt to institute the most appropriate practice to prevent litigation. If it is unavoidable, however, she will leverage her litigation experience to help you obtain the best result.
We represent those who are petitioning or responding parties in cases involving:
Breach of fiduciary duties
Will contests / trust contests
Will and trust interpretation
There are many circumstances that our firm can handle and it is important to act quickly when facing these cases. There may be unexpected obstacles and it is our goal to help protect your rights and ensure that your best interest is given the full attention it deserves.
Contact our firm today if you are facing a fiduciary litigation case! Fiduciary Representation Atlanta
The Ashford Law Firm, LLC represents trustees, guardians, conservators, attorneys-in-fact and personal representatives, in the administration of their duties.
Fiduciary Administration Lawyer
Dana Ashford represents and advises fiduciaries, including trustees, guardians, conservators, attorneys-in-fact and personal representatives, in the administration of their duties. She provides general advice and guidance to fiduciaries on their duties as well as advice on specific issues, including litigation, which may arise.
Dana Ashford represents fiduciaries in the preparation of reports and accountings to be provided to beneficiaries, other parties and/or a court. This representation frequently involves compliance with the duty to keep informed, statutory reporting requirements, and rules requiring court supervision. Ms. Ashford’s extensive experience presenting reports and accountings to courts allows her to anticipate and proactively address issues which may arise in court review of the reports and accountings.
Guardianship & Protective Services
Guardianship and Conservatorship are court processes in which a guardian and/or conservator is appointed for an individual who cannot manage his or her personal or financial affairs. A guardianship/conservatorship is tailored to meet the specific needs of the individual. The court evaluates whether a less restrictive alternative to guardianship exists based on the “best interests” of the individual. Examples of less restrictive alternative to guardianship include a financial and/or medical power of attorney, the appointment of a representative payee to receive and manage government benefits or possibly the creation of a trust with specialized provisions to protect the individual. Ms. Ashford represents individuals seeking guardianships/conservatorships to protect family members or others, individuals with an interest in a guardianship/conservatorship proceeding initiated by another person, and individuals subject to a proposed guardianship/conservatorship. When representing any client in the establishment of a guardianship/conservatorship, we discuss all available options within the guardianship proceedings as well as the less restrictive alternatives to guardianship to determine how best to meet the individual’s needs.
Once a guardianship/conservatorship has been established, the guardian/conservator must file regular reports to the court on all financial activity and on the status of the person who is the subject of the guardianship. These reports must be presented to the Court for approval. We regularly represent clients in preparing, filing and/or presenting these reports. The Ashford Law Firm provides effective representation for the following:
Litigation (Probate and Superior Courts)
Powers of Attorney
Advance Healthcare Directives