How Do You Sue a Florida Trustee for Breach of a Fiduciary Duty in Probate Court?

Uncategorized • Jan 7, 2016

If you are a beneficiary of a Florida trust listen up you may be able to use estate litigation in Florida to get a new trustee put in. Florida probate litigation includes trust disputes. Want to learn what is considered a breach of fiduciary duty? You may want to check out this recent case out of the Fourth District Court of Appeal to learn more.

Breach of Fiduciary Duty

Florida probate lawyers know that trustees in West Palm Beach owe a fiduciary duty to the beneficiaries.
What is a fiduciary duty though?
Probate attorneys Florida and others put in a position of trust owe fiduciary duties to their fiduciary.
Who else owes a fiduciary duty?
Receivers, doctors, accountants to name a few.
Look for a position of trust and you may find a fiduciary relationship.
So that includes trustees in Florida.
Estate attorneys Florida can sue a trustee for breach of a fiduciary relationship if they abuse the trust they are given.
Florida estate attorneys are prepared to counsel you on just that.
What constitutes a breach is usually a very complicated question.
Will contest lawyers know that some persons placed in a position of trust may still claim they are not liable for suit on breach of fiduciary duty.
Check out this recent case out of the Fourth District Court of Appeal and ask yourself, does a receiver owe a fiduciary duty like a Florida estate attorney or trustee would?

One South Ocean Dr. v. One Ocean Boca, LLC

A receiver is a lot like a trustee in a bankruptcy case, they are there to look over the business.
Clearly a bankruptcy trustee can be sued for breach of fiduciary duty, so can a receiver?
In this case there was a commercial foreclosure proceeding.
A receiver was appointed to oversee the business entity that was being foreclosed upon.
The trial court had denied a motion to allow a claim against the receiver and the movant (party making the motion) appealed.
Were they right?
Can a receiver be sued for breach of fiduciary duty like you would anyone else put in a position of trust?

Want to learn more about breach of fiduciary duty in Florida estate litigation?

Check out the entire case by clicking here.

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