A recent appellate opinion helps you understand what is fiduciary duty Florida. While common in Florida probate and trust cases, this one was about a contract. Who owes you a fiduciary duty Florida? There are three important “legal actors” who you need to know about when considering fiduciary duty Florida. First, there are those who are so-called “official” fiduciaries. Like Trustees, Personal Representatives or executors of estates. And powers of attorney, also called an attorney-in-fact. Those legal actors are, by definition, fiduciaries. They have agreed to serve, and owe duties of loyalty to their principal or beneficiaries. The law is clear. And there can be a LOT of fiduciary duties. They also agree to put the interests of those who they have agreed to serve above their own. There are a LOT of duties for a trustee. Same for a Personal Representative or executor of a Florida probate or estate. A POA = same thing. (even though the Florida laws call a POA an “agent.”) Who else owes you those duties? Working hard…… The 2nd group? Those who are not “per se” fiduciaries, may become one. How? If they accept a role of serving another. If they are given trust and confidence, and they accept that, and act on it. They then owe a duty. Or maybe multiple duties. And, if they screw up, they can be sued for breach or even surcharge. To read free Florida legal blogs about breach, click here. Contracts = no duty But most contractual […]