Los Angeles Breach of Fiduciary Duty Attorney

Help with Estate Legal Disputes in California

In Los Angeles, legal disputes often begin with a claim that centers around the recently deceased.

The deceased either:

• Wrote a document
• Had their attorney write a document concerning the fate of their estate

Usually, the attorney will write up the document if the deceased was unable to do so at the time because of either "diminished capacity", or because they were "unduly influenced" by another person.

A claim of ‘diminished capacity’ will sometimes be made if it looks as if the deceased suffered from:

• Dementia
• Was under the influence of medication
• Had undergone a treatment that caused clouded or unclear thinking

Reach out to our Los Angeles breach of fiduciary duty lawyer for a free phone consultation by calling (310) 526-3433, or contact us online now.

A claimant will often believe the Will, or Living Trust, does not reflect the wishes of the deceased. For example, a claimant may have been entirely omitted from the Will as a beneficiary or may have been given less than they believe they would have been bequeathed if the Will hadn’t been altered shortly before death. The belief is that if the deceased had full capacity, the claimant would have received their fair share of the estate.

A claim of ‘undue influence’ will sometimes arise when the claimant believes the deceased wrote the Will while someone else, usually the person who ends up receiving the most from the estate, persuaded or manipulated the deceased into making their share a great deal larger than any other share of the estate.

Breach of Fiduciary Duty in California

Some legal disputes arise when a trustee of the Trust or executor of the Will is found to be in violation of the law or in breach of their fiduciary duty. Fiduciary duty is the obligation the executor or trustee has to obey the rules and regulations that apply to carrying out the terms of the Will or the trust.

Sometimes a fiduciary, while trying to do what is best for the person to whom they are responsible, will go about it the wrong way. This typically ends in a legal dispute between all parties involved.

Trust administration is governed by the California Probate Code and ought to be navigated with an experienced attorney to ensure the wishes of the deceased are carried out according to the law’s requirements.