Breach of Fiduciary Duties Lawyer in Texas
A fiduciary duty is a legal or ethical relationship of confidence or trust regarding the management of money or property between two or more parties, most commonly a fiduciary and a principal. In a fiduciary relation, one person, in a position of vulnerability, justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. By good conscience, and the law, this relation requires one to act solely for the benefit and interests of another at all times. A fiduciary duty is the highest standard of care the law recognizes. A fiduciary is expected to be extremely loyal to the person to whom he owes the duty and must not put his personal interests before the duty.
Fiduciary litigation involves disputes over the management of an estate or trust, theft or embezzlement from that estate or trust, or the act of changing or removing a trustee. Breaches of fiduciary duties may include: caregivers or offspring misusing the financial power of attorney granted by an elder for personal financial gain; trustees profiting from trust management by accepting excessive compensation; trustees embezzling from trust for personal benefit; and conflicts of interest between a trustee or administrator and the beneficiaries.
Fiduciary Litigation Attorney in Texas
Since a trust controversy risks pitting family members against one another, to contest a will or trust may wear upon one’s emotional fortitude, patience, and motivation. The Shaw Cowart LLP Firm understands the inherently sensitive nature of familial conflicts and strives to approach each case with respect for the context surrounding the dispute. Dedicated to your rights and legal needs, our experienced Austin fiduciary litigation attorneys will exercise assertive and aggressive litigation to achieve positive results for your case.