A fiduciary is someone who owes the highest duty of care to another person. In this type of litigation a fiduciary may be the person in charge of a retirment plan, a person who has been appointed power of attorney, guardian, administrator or executor of a ward or an estate. If this person puts his or her interest above those to whom s/he owes the fiduciary duty, then such conduct is actionable. For example, suppose John holds a power of attorney document to conduct the affairs of Steve. John uses the power of attorney for his own benefit. Steve has a cause of action against John for breach of fiduciary duty.

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fiduciary duty, probate litigation

This entry was posted on Sunday, February 15th, 2009 at 6:46 pm and is filed under Estate planning and probate, Litigation and judgments. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.