A fiduciary is anyone who owes a duty of care to another, this means he or she must exercise prudence and good business judgment, and must place the interests of beneficiaries first. In the estate planning context, this includes personal representatives or executors of estates, trustees, health care agents and those named as financial agents in powers of attorney. When allegations of trustee misconduct arise, expensive and lengthy litigation often results.
At Dunton, Simmons & Dunton, L.L.P., we have an established tradition of providing sophisticated, effective legal representation during fiduciary misconduct disputes. For more than 80 years, our firm has been helping fiduciaries, beneficiaries and potential heirs protect their financial interests.
Since 1931, Dunton, Simmons & Dunton, L.L.P., has been providing trusted advice and effective advocacy to individuals throughout Virginia's Northern Neck.
Guiding clients for more than 80 years.
Breach Of Fiduciary Duties
Accusations of a breach of fiduciary duties can arise from a variety of circumstances. Personal representatives may fail to properly document an estate's assets, financial agents may not properly complete annual accounting requirements and trustees may fail to adequately manage trust assets.
Trustees have a legal duty to act in the best interests of the beneficiaries. In addition to their duties to beneficiaries, there is also a long list of responsibilities trustees must fulfill. Failure to meet any of these duties or responsibilities can result in personal liability.
At Dunton, Simmons & Dunton, L.L.P., lawyer Bill Curdts lead our estate litigation practice. They have experience representing both beneficiaries and heirs bringing accusations of misconduct, and defending our fiduciary clients against allegations. Over the years, our firm has successfully represented clients in a wide range of breach of fiduciary duty claims, including:
- Misappropriating joint accounts
- Misusing jointly held property
- Accounting disputes
- Improper influence when drafting estate documents
- Trust misappropriation
- Trust mismanagement
- Contesting the validity of a trust
- Contesting trust terms
Compassionate, Effective Representation
As individuals age, most designate trusted family members to manage their financial affairs, make health care decisions on their behalf and execute their estates after they pass away. Unfortunately, this means that many fiduciary misconduct disputes arise in a family context.
At Dunton, Simmons & Dunton, L.L.P., we understand that family dynamics can have a major impact on legal disputes. We are sensitive to our clients' familial situations and work closely with them to resolve their disputes without further deterioration of family relationships.
Contact Dunton, Simmons & Dunton, L.L.P., at 804-435-5069 or 866-603-0774 to schedule a consultation with one of our Northern Neck fiduciary misconduct attorneys.