Claims Involving Fiduciaries

Defending and Pursuing Claims Against Executors and Trustees

Those named the executor of a will or the trustee of a trust are called fiduciaries. They have a legal responsibility to protect the money and property in the trust or estate. They must act in accordance with the law and with the wishes of the person who made the will or established the trust.

Fiduciaries are often at the center of legal disputes brought by heirs or others. The lawyers at Russo, Rosalina & Co., LPA, defend fiduciaries against these attacks. We also represent heirs, creditors or other parties who believe fiduciaries are mismanaging an estate or concealing assets.

Experienced in Estate Litigation

We have years of experience in complex estate litigation claims that focus on the work of the fiduciary. Heirs may want to replace a fiduciary based on claims that the trustee or executor is mismanaging funds, not performing the required duties or failing to address issues in a timely manner. The greater the amount of money in the trust or estate, the more important it is to be certain that the fiduciary is managing it appropriately.

The types of issues that can cause heirs to take legal action against a fiduciary include:

  • Lack of access to the fiduciary
  • Not getting answers from the fiduciary
  • Not getting copies of inventories or accounts that were filed
  • Not receiving an expected distribution
  • Not receiving expected correspondence or reports

If you are concerned that a trustee or fiduciary is not fulfilling his or her duties properly, our law firm can investigate the case and determine whether there may be grounds for legal action. We will check the probate court docket to see whether filings have been made in a timely fashion. If not, we will bring a claim against the fiduciary or take other appropriate legal action.

If you are a fiduciary who is being sued by an heir, we can defend you against allegations of concealment of assets, breach of fiduciary duty and other claims.

To discuss your concerns about claims involving fiduciaries, please contact the estate litigation attorneys at Russo, Rosalina & Co., LPA. With offices in Parma and Richmond Heights, we represent clients in the Cleveland area and throughout northeast Ohio.