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Trustee Misconduct

Trustee Misconduct

While there are many honorable trustees, unfortunately, not all have your best interest at heart. Trustee misconduct, negligence or fraud can severely diminish your trust income and principal.

The types of trustee misconduct claims we handle include:

 

  • Breach of fiduciary duty
  • Abuse of trust
  • Misrepresentation and fraud
  • Constructive fraud
  • Self-dealing
  • Conflict of interest

 

Are you a beneficiary of a trust, either from a loved one’s last will and testament or one set up during your loved one’s life? As a beneficiary you must rely on the judgment, discretion and work of the trustee or trustees of the trust to take care of the principal of the trust and see that you receive income or other benefits from it.

 

With trustees holding such power over trust assets for the benefit of another, the law imposes on them a fiduciary duty to you as the beneficiary. While there are many honorable trustees, unfortunately, not all have your best interest at heart. Trustee misconduct, negligence or fraud can severely diminish your trust income and principal.

What is Trustee Misconduct?

by Mark Fryman, Partner

What is a Trust?

by Mark Fryman, Partner

Misconduct occurs when the Trustee violates their fiduciary duties to the ward or beneficiaries of the trust.

Over the years, many clients who are beneficiaries have come to us saying that they just felt something was not quite right, or were alarmed that the income or principal from their trust was rapidly depleting. Perhaps you are experiencing this yourself. You do not have to take your trustee’s word for what is going on. We’ll help you understand your rights and advise whether you really have a case or not, telling it to you straight.

 

Once you begin to have suspicions and doubts, you need to act fast to make sure you don’t lose your ability to recover the losses. Indiana law imposes a statute of limitation that could prevent your recovery if you wait too long. Don’t sit on your hands and in the dark waiting see if it gets better, because more damage may be being done each day you wait.

Please note that results of past cases cannot guarantee future success. To our present and future clients, we commit our best efforts. However, because each case involves many different factors, results will always be different from case-to-case. Cases that may seem similar to the cases listed here are not guaranteed to have the same or similar result. Each case is dependent upon its own set of facts and the only common factor in all the cases summarized here and throughout our website is that Starr Austen & Miller, LLP represented the client.

Our lawyers are available to review your situation.