Fort Lauderdale Breach of Fiduciary Duty Lawyer
Holding Personal Representatives and Trustees Accountable
When someone accepts a fiduciary role in a Florida estate or trust, they take on serious legal obligations. A fiduciary—whether a personal representative, trustee, or power of attorney—is expected to act with honesty, loyalty, and care in managing someone else’s affairs. When that duty is violated, beneficiaries or other interested parties may suffer financial harm. At Edward J. Jennings, P.A., we represent individuals in Fort Lauderdale and throughout Broward County in complex breach of fiduciary duty cases involving estates, trusts, and other fiduciary relationships.
What Is a Fiduciary Duty?
A fiduciary duty is the highest standard of care under Florida law. Fiduciaries are legally obligated to act in the best interests of the person or entity they represent. In the context of probate and trust law, this means managing assets prudently, providing accurate information, avoiding conflicts of interest, and distributing property according to the terms of the will, trust, or applicable statutes. Fiduciaries must also avoid self-dealing, disclose material facts, and refrain from actions that would harm the beneficiaries.
Common Examples of Fiduciary Breach
A breach of fiduciary duty can take many forms, from mismanaging assets to outright theft. Some of the most common examples include:
- Failing to provide accountings or financial disclosures to beneficiaries
- Using estate or trust funds for personal expenses
- Favoring one beneficiary over others without legal justification
- Delaying or withholding distributions
- Making risky or improper investments with estate or trust assets
- Failing to pay debts, taxes, or expenses owed by the estate
- Transferring property to themselves or family members without authority
- Ignoring the terms of the will or trust
Any of these actions can lead to serious financial losses, legal liability, or removal of the fiduciary from their position.
Who Can File a Breach of Fiduciary Duty Claim?
Beneficiaries, heirs, or co-fiduciaries who believe they have been harmed by a fiduciary’s actions have the right to bring a claim in probate or civil court. Florida law allows for monetary damages, removal of the fiduciary, and sometimes even surcharge or repayment to the estate or trust. In some cases, courts may also impose penalties or sanctions for egregious conduct. Our firm works with clients to review the facts, gather evidence, and take decisive legal action when needed.
How Do Courts Handle Fiduciary Disputes?
The court’s primary concern in these cases is protecting the interests of the estate or trust and ensuring the wishes of the decedent are carried out. To succeed on a breach of fiduciary duty claim, the party bringing the case must prove that the fiduciary had a duty, that the duty was breached, and that the breach caused damages. Evidence such as financial records, emails, testimony, or expert evaluations may be used to establish the claim. Courts may then order restitution, removal, or other remedies to address the harm done.
Fiduciary Roles in Probate and Trust Administration
In Florida probate cases, the personal representative is responsible for locating assets, notifying creditors, paying debts and taxes, and distributing assets to heirs. In trust matters, the trustee must administer the trust in accordance with its terms, keep beneficiaries informed, and protect the trust’s value. In both roles, the fiduciary must remain neutral, avoid favoritism, and act with care and diligence. When fiduciaries fail in these roles, they put the estate or trust at risk and may be held personally liable for any resulting losses.
Preventing and Resolving Fiduciary Abuse
Breach of fiduciary duty claims often involve complex family dynamics and high-value assets. At Edward J. Jennings, P.A., we understand the legal and emotional challenges involved. Our goal is to help clients stop the abuse, recover losses, and restore trust in the process. We may begin by demanding information or documentation, requesting an accounting, or seeking court intervention to suspend the fiduciary. If the case cannot be resolved amicably, we are fully prepared to litigate in probate or circuit court.
Signs of a Breach
Beneficiaries should be alert to red flags that may suggest fiduciary misconduct. These include missing assets, unexplained delays, vague or incomplete financial statements, secretive behavior, or sudden changes to distributions. If you suspect something is wrong, it is important to act quickly. Florida law imposes time limits on certain types of fiduciary claims, and delaying action could result in loss of rights or legal remedies.
Edward J. Jennings, P.A. Can Help
Our firm offers decades of experience in probate and trust litigation, including Fort Lauderdale breach of fiduciary duty claims. We understand the laws that govern fiduciary conduct and how to hold wrongdoers accountable. Whether you are a beneficiary seeking answers or a fiduciary facing accusations, we provide trusted counsel and strategic representation every step of the way.
