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Judge's Table



You are an appointed "fiduciary" (agent, attorney-in-fact, trustee, or executor) or you are a "devisee" (recipient under a will), "heir" (recipient by law in the absence of a will), or you are "beneficiary" (recipient under a trust) - now what? 

Fiduciaries are legally bound by several strict duties, though many do not know precisely what those duties are (and ignorance of the law will be no excuse). Whether you are serving under authority of a power of attorney, guardianship, trust, or will - we can help keep you on track and maintain a positive, above-board relationship with those you owe a fiduciary responsibility. Jason's litigation experience informs him that in most cases, "common sense" action by a fiduciary without legal advice is often neither common nor sensible. That reality may be lawyers' fault, but it is the world we live in. Get appropriate legal advice when you are a fiduciary.

Heirs, Devisees, Beneficiaries & Family of Principals have many, many legal rights afforded to them. In short, you are entitled to ensure your fiduciary is handling your property correctly. Executors and Administrators in probate (Wills) proceedings must make certain filings on time and accurately; Trustees must usually account to you on some type of routine schedule, as well as not charge you unreasonable fees for their services without your notice. Agents under powers of attorney must act in the best interest of their Principal (person who made the power of attorney). All fiduciaries are bound by certain duties such as loyalty, prudent administration, and good faith.

Fiduciary litigation is on the rise nationwide. Caution and diligence in the administration phase is key to stopping this trend.

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