Fiduciary & Trust Litigation

A fiduciary holds a duty of loyalty and care that does not exist in an ordinary commercial relationship. When that duty is breached, the remedies are different: accounting, removal, surcharge, constructive trust, or a challenge to the instrument itself.

Typical matters:

• Trustee who will not account or who has self-dealt
• Personal representative who has delayed administration or favored one interest over another
• Agent under a power of attorney who transferred assets for their own benefit
• Contested will or trust — undue influence, lack of capacity, or a late instrument that does not reflect the decedent’s intent
• Removal or surcharge where the fiduciary’s conduct has already caused a loss

What gets evaluated:

Standing, the limitations period, whether the court has a clean statutory path, whether assets still exist to recover, and whether the family can tolerate a public fight. Some of these cases belong in mediation after the documents are out. Some do not.

Partner and LLC disputes:

Members, managers, and partners may owe duties of loyalty and care to the company and, in some cases, to one another. Claims arise when a member or manager takes a corporate opportunity, diverts assets, refuses to account, or freezes out another owner. Such cases may be considered when the core facts turn on that duty. 

Fees - what you can expect:

Hourly rate is common for many matters. Contingent or hybrid fees may fit some recovery cases.