Category Archives: Breach Fiduciary Duties
Can an Agent Engage in “Self-Dealing” Under a Florida Power of Attorney?
A Florida power of attorney grants an agent the legal authority to take certain actions on behalf of a principal. This creates a fiduciary relationship. So even where a power of attorney grants broad authority, the agent must still adhere to certain basic legal and ethical standards. For example, the agent cannot use their… Read More »
Can a Florida Probate Court Dismiss a Personal Representative Without Giving Proper Notice?
Serving as the personal representative of a Florida probate estate is a significant responsibility. Among other things, the personal representative owes a fiduciary duty to the heirs of the estate to complete the administration of the estate in a timely manner. And the probate court can–and will–remove a personal representative who fails to carry… Read More »
Actions That Can Lead to Personal Representative Liability in Florida
The primary duty of a personal representative is to represent the decedent’s estate in probate proceedings. The representative must manage the assets of the estate, distribute them according to the decedent’s wishes, and pay off all debts and taxes. However, some actions taken by the representative can lead to personal liability. These include failure… Read More »
Failing to Disclose Conflicts of Interest As a Breach of a Fiduciary Duty
Estate planning is a crucial element in ensuring that an individual’s assets are distributed according to their wishes after death. However, this process can involve various complications regarding financial and legal matters. During estate litigation, it is not uncommon for parties to have conflicting interests that can compromise their integrity and the process as… Read More »
Are Personal Representatives Required To Account To Beneficiaries?
Personal Representatives are responsible for finalizing the estate of a deceased person, which includes ensuring that the decedent’s debts and taxes are paid in full, as well as distributing assets according to the will or trust document. A Personal Representative must also provide an accurate accounting to any beneficiaries of the estate. But when… Read More »
When Can A Florida Court Do To Remedy A Trustee’s Breach Of Fiduciary Duty
The beneficiary of a trust may take legal action against the trustee if they believe there has been mismanagement of the trust’s assets. If the court finds the trustee has breached their fiduciary duty to the beneficiary, a judge can hold the trustee personally liable for any financial damages. But can the court restrict… Read More »
When Is An Asset Actually Transferred Into A Trust? And Why Does It Matter?
When a person transfers an asset to a revocable living trust, it is no longer considered a probate asset. In other words, when the person dies, the asset previously placed in the trust does not pass under the terms of the person’s will. It is a non-probate asset. There are of course cases where… Read More »
Florida Court Declines To Find Trust Language “Ambiguous,” Despite Beneficiary’s Protests
When interpreting a trust, a Florida court’s goal is to understand and apply the intent of the settlor–the person who made the trust in the first place. A judge will typically not look outside of the plain language of the trust instrument unless there is some ambiguity that requires consideration of extrinsic (outside) evidence…. Read More »
How to Prove Breach of Fiduciary Duty in a Florida Trust Case?
A breach of fiduciary duty means that someone holding a fiduciary position acts in a manner that is in conflict with their duties. This breach of duty can result in serious legal consequences. In the case of a Trust, the fiduciary is the trustee who owes a duty to act in the best interests… Read More »
Breach of Fiduciary Duty
Fiduciary relationships go beyond attorneys, personal representatives and trustees. The Florida Supreme Court ruled they don’t necessarily need to be legal relationships in order to have a fiduciary duty. They may also be relationships that are moral, social, domestic, or of a personal nature. When one party fails to uphold that confidential or fiduciary… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...