Breach of Fiduciary Duty and Beneficiary Rights

The personal representative of an estate and the Trustee of a Trust owe the beneficiaries of the estate certain fiduciary duties of honesty, prudence, and loyalty. When those duties are violated by a personal representative, a bequest may be put in jeopardy. The Soignier Law Firm, LLC can represent beneficiaries and personal representatives with Fiduciary challenges. Ways in which one can challenge a fiduciary’s conduct are

• Failure to follow Colorado Probate Code, Rules of Probate Procedure, or an order of the probate court;
• Committed probate fraud;
• Invested the trust assets improperly or very unreasonably;
• Engaged in self dealing; and
• Received excessive compensation.

When the personal representative’s or Trustee’s negligence or probate fraud results in a financial loss to the estate, the probate court can remedy the situation through a monetary award against the personal representative or others involved in the wrongdoing. The Colorado probate court can also remove the personal representative if cause can be shown.

If you believe that you or a loved one may have been treated unfairly by a trustee or personal representative, or you have questions about a will, trust or estate, please call The Soignier Law Firm, LLC at (970) 247-3510.