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Serving Southern California

Fiduciary Litigation

Fiduciary Litigation is Very Common

Every day, 9,500 persons die in the United States and a similar number become mentally incapacitated and are unable to fend for themselves. Thousands of ordinary, random people are thrown into the role of “Fiduciary” each day —appointed by those who pass away or are incapacitated. All of these brand new Fiduciaries are handed the “keys” to a deceased-persons’ checking account, savings account, safety deposit box, cars, trucks, boats, RVs, and all the valuables they’ve amassed over a lifetime. In a given pool of first-time ever Fiduciaries, there are going to be significant instances of unethical and illegal transfers, outright theft, and some less-obvious, covert and sneaky self-dealing by “clever and devious” persons who should never have been granted the trusted position as a Fiduciary. Fiduciary Litigation is necessarily initiated as Fiduciary-wrongdoings are witnessed or uncovered.

When is Fiduciary Litigation Necessary?

Someone who has become mentally incapacitated or who has died has previously decided to name a particular family member or friend to become their appointed Executor or Trustee in the belief that this “trusted person” will take over their affairs as if they were still in control. The incapacitated or deceased person chose them to take over on their behalf to see that their wishes were seen through. Unfortunately, when people do not take their responsibilities seriously, the resulting Fiduciary breach comes at the expense of the Grantor or Settlor who trusted them, and the Beneficiaries that they were supposed to be protecting. Most people are shocked to learn the the duty of a Fiduciary is an obligation of loyalty and good faith to someone that is the highest duty known to the law. Violation of a Fiduciaries’ responsibility is a BIG deal.

Are You a Beneficiary Experiencing Accounting Issues & Self-Dealing by a Trustee?

Is a Trustee suspected of stealing from you —the Beneficiary? Are You a Beneficiary experiencing on-going accounting issues? Is your Trustee seemingly enriching himself or herself — or a friend or family member of the Trustee — by managing an estate or trust in a self-serving, self-dealing manner? When a Fiduciary does not live up to these legal and ethical obligations fiduciary litigation may ultimately be required to resolve the problem.

Why Fiduciary Wrongdoing is so Prevalent

What human being hasn’t been tempted? We all have. Ethical behavior is most celebrated when decent, honest people do what is expected when others are not looking. Unfortunately, many people, when handed the “keys” to readily accessible cash and easily liquidate-able assets react like the proverbial “kid left alone in the candy store.” After all, if a person suddenly is left to oversee an entire lifetime’s amassing of cash and “goodies” and the person who entrusted his or her estate to them is dead, there will always be some people who will see no downside to the opportunity and take personal advantage.

Examples when a Fiduciary is in violation of law

If a person appointed as Executor, Administrator or Trustee should decide to take a “personal loan” from a an Estate or Trust account, it is extremely easy to overlook paying it back. Sure…, it was illegal, but because they “got away with it,” it very often happens again and again. The person holding the office of a Fiduciary may feel pangs of guilt, but how does that make the intended Beneficiaries whole? It doesn’t. If you are the indented Beneficiary of an Inheritance that is being “looted” by a person appointed to be in a Fiduciary role you need to step up, stop the theft, seek reimbursement and find a replacement as soon as possible. Vincent W. Davis can help you recover lost estate assets quietly or through the courts should it become necessary.

Southern California Law Firm Providing Experienced and Trustworthy Fiduciary Services

If a suitable family member or friend cannot be found as a replacement, many Beneficiaries will assign the Fiduciary task to a trustworthy lawyer or law firm. Vincent W. Davis & Associates provide services to clients as legal counsel, and can also assume the services as a professional Fiduciary. Our fiduciary services include serving an estate Executor Trustee, or as a Personal Representative in matters concerning trust or estate administration or litigation. We have the resources, experience and background to make sure that the Estate or Trust will be accurately administered.

Experienced Fiduciary Attorney to Advise or Assist Southern California Clients

Vincent W. Davis & Associates is a seasoned law firm familiar with the complexities of Fiduciary Administration and litigation.  We have at hand a variety of tools to remedy troublesome situations.  Besides Watching out for the rights of Beneficiaries, we also represented Executors, Administrators and Trustees in matters of trust administration, or defended trustees in respect to litigation involving claims of breach of trust. We are here to help.  Please do not hesitate to contact us.

Protect Your Rights and Interests in Fiduciary, Trustee and Beneficiary Matters

If you have any questions regarding your rights as a Fiduciary, Trustee, or Beneficiary, it is important to meet with a skilled attorney to learn about what options may be available to you. Vincent W. Davis and Associates have 60-years of combined experience to make available to clients in Southern California.

Set Up a Day, Evening or Weekend Appointment Now

At Vincent W. Davis & Associates, we are able to represent and assert the interests of our clients to protect their Beneficiary rights, and other estate-related issues. For assistance, please contact The Law Offices of Vincent W. Davis & Associates in Southern California for a complimentary consultation with Mr. Davis personally. Consultations are available in Los Angeles, Orange County, Inland Empire including Riverside or San Bernardino Counties. We also handle California Probate and Estate matters for out of state individuals.

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Arcadia, CA 91006
Phone: (626) 446-6442
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