What is a breach of fiduciary duty?

A fiduciary, such as a Trustee of a Trust or the Personal Representative (sometimes called the Executor) of a Probate Estate, owes certain duties to the beneficiaries of the Trust or the Probate Estate, as the case may be. Generally speaking, a breach of fiduciary...

What is probate?

Probate is the legal transfer of a deceased person’s assets to any party or entity designated to receive the deceased person’s assets. Probate assets are titled in a person’s sole name upon death, outside of a Trust instrument and without any successorship...

What does a Trustee do?

The overarching duty of a Trustee, or the person(s) legally responsible for administration of a Trust and its assets, is to protect the needs of the Trust’s beneficiary or beneficiaries. With this in mind, a Trustee should inform beneficiaries about the state and...

What is Trust administration?

Trust administration is the management and oversight of all assets placed in a Trust by a Grantor (sometimes known as a Settlor), or the person(s) who are responsible for the creation of the trust instrument. The Trustees must strictly adhere to the Trust’s...