Breach Of Fiduciary Duty Cases Require Practiced Counsel

Certain professionals and individuals, such as financial advisors, guardians, personal representatives and trustees, have a special obligation under Florida law: fiduciary duty. Fiduciaries must uphold the interests of the person or estate they represent. Failure to do so could lead to serious legal penalties.

Breach of fiduciary duty cases are highly complex, and they often involve intricate financial situations. Frese, Whitehead, Anderson & Henderson, P.A., has the level of skill necessary to resolve these cases. Our experienced attorneys can represent fiduciaries, investors, heirs and other parties in Melbourne and surrounding areas.

Key Elements Of Breach Of Fiduciary Duty Cases

Individuals who claim a breach of fiduciary duty must prove three elements:

  • There existed a fiduciary relationship between the parties or between the defendant and the estate.
  • The fiduciary breached their obligations to the other party.
  • The breach of obligations resulted in economic damages for the other party.

Proving a breach of fiduciary obligations is often the most difficult aspect of these cases. While fiduciaries can sometimes make mistakes in good faith, mistakes made in bad faith may constitute a violation of their legal duties. A fiduciary could violate their duties by commingling personal assets, improperly gifting assets and more.

Frese, Whitehead, Anderson & Henderson, P.A., can examine the actions of a fiduciary in detail. On behalf of either party, we can meticulously review account statements and other relevant documents. Our experience in estate law, business law and estate administration give us the insight we need to help our clients.

Work Toward An Efficient Resolution

The circumstances of fiduciary duty can vary, but many clients value reaching a timely resolution for their case. Our attorneys can work effectively and strategically to help your case progress. To schedule a consultation, call 321-984-3300 or email us as soon as you encounter a possible breach of fiduciary case.

To Our Valuable Clients:

The federal government has recently enacted legislation to assist citizens and businesses facing uncertain financial challenges due to COVID-19. We are here to help answer questions and guide you through the details of the various processes to procure financial assistance from our government. The acts are very new and more will probably be coming. But they currently provide for dollar for dollar tax credits for payroll for COVID19 related payroll, cash advances and loans that have tremendously favorable terms and in some cases, total forgiveness of the debt.

Please stay as safe as possible during this terrible crisis and if we can help you with questions about the new federal assistance laws, please contact us.

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