Breach Of Fiduciary Duty Issues

Breach Of Fiduciary Duty Is A Serious And Complex Charge

We Have Experience On Both Sides Of These Disputes

In matters involving estate administration, an accusation of breach of fiduciary responsibility means someone feels an executor, administrator, guardian or trustee has failed to act honorably, honestly and in good faith in carrying out the responsibilities of his or her role.

A breach of fiduciary duty arises when an interested party believes a representative appointed to handle the affairs of someone else or an estate is putting his or her own interests above the best interests of the estate or the person he or she is acting on behalf of. Claims of fiduciary misconduct can often result in investigations by the court or by a private firm hired by the parties who believe wrongdoing has occurred. Evidence supporting this finding can result in the representative being removed from power. In certain situations, civil action can be taken to recover funds or prosecute for fraud.

The lawyers at John J. Pembroke & Associates LLC, are here to help bring clarity and resolve disputes involving accusations of breach of fiduciary responsibility. We help agents, trustees, executors and administrators throughout Greater Chicago who face a breach of fiduciary duty accusation. We also represent beneficiaries or people of interest who feel a breach of fiduciary duty has occurred.

Examples Of Breach Of Fiduciary Duty

Have allegations of accounting problems arisen after an administrator or executor has approved transactions or distributions from an estate?

Has a fiduciary failed to account to the beneficiaries of an estate or trust?

Are there discrepancies in the document that names you executor or administrator about your role, duties or the extent of your decision-making authority?

For those who wish to pursue a breach of fiduciary duty claim, if you are a beneficiary, creditor or other interested party, we can help you make your application to the courts and attempt to uncover evidence to support your argument. Whether you are unclear about the contents of a document that is being withheld from you, you believe you are entitled to financial information that is not being disclosed, or you have questions about how fit the named agent is, our attorneys will fervently work to get you the answers you need.

Prompt Action Is Important

No matter which side you are on, we encourage you to contact a probate attorney at John J. Pembroke & Associates, LLC to schedule a consultation.