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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