Fiduciary Law

Florida Trust Attorneys

Fiduciary law refers to the overseeing of trusts or other personal interests. A fiduciary is someone who has the responsibility, also known as the duty of loyalty, to another individual or entity. This responsibility is to safeguard their interests. These can include as a trustee of a testamentary trust, an executor of a will, the guardian of an estate of a minor, the conservator of the estate or interests of an individual deemed incompetent, and administrator of the estate of a family member or descendant, or other such legal responsibilities.

A fiduciary may have one of many different individuals, including an administrator, curator, conservator, executor, guardian, receiver, trustee in  a bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public officer or any other person acting in a fiduciary capacity for any individual, trust or estate. Fiduciaries may also be required to hold funds and assets in a special account and file periodic records or inventories with the court. A fiduciary has a duty not to benefit themselves at the expense of the one for whom they are responsible. A fiduciary must also avoid conflicts of interest or “self-dealing” in which the potential benefit to the fiduciary conflicts with what is best for the person who trusts him or her.

fiduciary law attorney

What To Know About Fudiciary Law Attorneys

Just as a fiduciary is legally obligated to act in the best interests of the estate, trust, or individual who they have been selected to act for, a fiduciary lawyer is obligated to act in the best interests of both the fiduciary and its beneficiaries. These responsibilities are often referred to as the “Four C’s.” These are:

  • Confidentiality – Fiduciary attorneys should maintain confidentiality on all aspects of their representation.
  • Competence – A fiduciary lawyer must utilize all of their abilities for the benefit of their client.
  • Communication -A fiduciary lawyer must communicate any and all information to the client, so that they may make an informed, and unhindered decision based upon their own judgments and free from any legal interference.
  • Conflicts of Interest – Fiduciary lawyers should seek to avoid anything which may put their own interests before that of their client of the trusts they oversee.

Boca Raton Fiduciary Legal Experts

At The Berman Law Group, we offer a variety of fiduciary law services. These services include:

  • Probate Administration
  • Estate/Trust Litigation
  • Trust Administration
  • Guardianship

Boca Raton Fiduciary Law Attorneys

At the Berman Law Group, we have extensive experience in dealing with everything from probate administration to trust litigation.  We will work closely with you to understand the nature of you fiduciary situation. Then we’ll craft a strategy to get the results you seek. Whether it be establishing a trust or will, administering a trust of which you are a guardian or trustee, or seeking arbitration or litigation in the event of a dispute, The Berman Law Group’s knowledge team of fiduciary law experts are here to help you.

If you have been named as the personal representative of a deceased individual in the State of Florida, or you wish to dispute the actions of someone who has, you should seek legal counsel immediately. Trust litigation can be a stressful time for all involved. This because there are personal feelings and often significant sums of money and assets involved. If you find yourself in this situation, make sure you get a trusted and experienced fiduciary attorney who is willing to fight for your rights. Call The Berman Law Group right now at (800) 375-5555 for your free consultation.

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