Cleveland Breach Of Fiduciary Duty Lawyers

If you believe a personal representative, administrator or executor of an estate is not properly performing their duties, you may have a breach of fiduciary duty cause of action that can be brought as part of a probate litigation lawsuit. At Russo, Rosalina & Co., LPA, we are here to help you handle this difficult and often sensitive issue with grace and strength. Our goal is to be the firm you can trust to handle these matters and to make sure the appropriate corrective action is taken.

Our firm has a strong estate planning and probate practice. We know the law, and we understand how to pursue adversary actions — as well as how to defend against them. For more information about breach of fiduciary legal actions, please contact our Mayfield Heights or Parma offices to schedule a consultation with our probate lawyers.

Who Owes A Fiduciary Duty In An Ohio Estate or Trust?

Under Ohio law, appointed personal representatives, estate executors and trustees owe a fiduciary duty to a decedent’s beneficiaries in a will or trust. At all times, they should:

• Act solely in the best interests of the heirs
• Manage the estate or trust assets with extreme care
• Remain completely impartial when distributing assets to respective beneficiaries
• Maintain transparency and communicate with the heirs regularly

The law expects executors and trustees to uphold these high legal standards to honor a decedent’s wishes and ensure their heirs receive what they deserve. Failing to meet these obligations can constitute a breach of fiduciary duty and lead to severe personal liability.

What Are The Ways A Fiduciary Breaches Their Duty?

In a breach of fiduciary action, someone in charge of handling an estate is accused of not acting in the estate’s best interest. This may also involve:

• Concealing assets
• Distribution of assets not according to the estate documents
• An administrator or executor who pays themselves additional fees over and beyond what is stipulated in the document, or according to law, without court approval
• Abusing the powers granted to them

We deal with breach of fiduciary duty cases related to the commission of trust fraud as well as abusing powers granted to someone in a will. Our lawyers will investigate the conduct of the accused and help you gather evidence to prove they have mishandled a legal trust or will. We can also help people defend themselves against these allegations by showing that the contested behavior has no basis.

What Are Warning Signs Of A Breach Of Fiduciary Duty?

A breach of fiduciary duty can manifest in different ways. Some instances are noticeable, while others remain hidden. Consider looking for these signs:

• Unexplained transactions: The fiduciary refuses to explain sudden large transfers, withdrawals and payments to unknown vendors.
• Commingled funds: The fiduciary carelessly mixes their personal funds with the estate or trust reserve.
• Self-dealing: The fiduciary uses the assets from the trust or estate for their own gain.
• Withholding information: The fiduciary shows unwillingness to disclose updates about the estate and trust, especially during the probate process.
• Failing to pay estate debts and taxes: The fiduciary failed to settle all of the decedent’s estate debts and taxes before distributing assets to beneficiaries.

Should these red flags begin to manifest, you must document the instances. Your paper trail can serve as evidence against the fiduciary when you start the process of removing them from the position.

What Remedies Are Available After A Fiduciary Breaches Their Duty In Ohio?

Ohio law protects decedents and their beneficiaries from the harm caused by a fiduciary’s failure. The available legal remedies include:

• Compel or stop actions: The court orders the fiduciary to complete their tasks or stop them from further breaching their duties.
• Financial redress: The court orders the fiduciary to return the missing money or restore lost property.
• Formal accounting: The court enforces a full accounting of all money lost and gained.
• Reduction or denial of compensation: The court punishes the fiduciary by reducing or denying their compensation.
• Removal or replacement: The court decides to remove the current fiduciary and appoint a neutral third party to manage the trust.
• Reversal of transactions: The court voids all wrongful acts, places a lien on property or traces and recovers the disposed asset.

These remedies exist to ensure that beneficiaries are not defenseless against a fiduciary’s negligence or misconduct. The court has discretion on how to make an estate or trust whole again.

Prompt Action Is Important In Estate Administration Litigation

A breach of fiduciary action requires skill and a sensitive approach to a family already in mourning. We always strive to maintain family relationships, while making sure everyone is in compliance with the law and the deceased’s intent. We encourage you to contact us today if you believe someone involved with the administering of an estate may have breached a fiduciary duty. You can reach our Mayfield Heights office location at 440-663-1535 or our Parma location at 440-847-8289.