Preventing a Breach of Fiduciary Duty

James Zakasky
An estate attorney who goes beyond drafting wills and creating trusts

Our Santa Rosa Probate Attorney Can Help

When one of your loved ones passes away, almost nothing can be more heartbreaking than knowing that their trust and last wishes were not honored. If a person creates a will, they appoint someone—it could be a lawyer, a company, or even a family member—in control of their estate. This trustee, also known as fiduciary, is responsible for making sure the deceased’s wishes are honored and the estate is distributed as indicated. If you have reason to believe that the trustee has not loyally honored their duty, you should take legal action. As an experienced Santa Rosa probate attorney, I, Attorney James A. Zakasky, can help to make sure your loved one’s wishes are fulfilled.

Call the Law Office of James A. Zakasky for a free evaluation!

How to Recognize if a Trustee Has Breached Their Duty

If you aren’t sure what constitutes a breach in duties, it can be tricky trying to proceed legally. Most people don’t want to make accusations, especially if the matter involves family members.

Here are some common scenarios that determined a trustee breached their duties:

  • If the trustee combines their own finances with the estate, it constitutes a breach. Finance records should be kept separate and there should be a clear distinction between finances.
  • Because of conflict of interest, a trustee may use personal reasons and explanations to act in a way that goes against the wishes of the deceased. They may also use these reasons to benefit themselves in the distribution.
  • If the trustee does not stop a co-trustee or another party from contradicting the wishes of the deceased or acting in a way that breaches the trust, the trustee could still be held responsible

To file a breach of trust against a trustee, you generally must do so within a year of the incident. If the court finds the breach of fiduciary duty to be accurate, the trustee may be subject to removal from the position, ordered to pay fines, and/or compensate the beneficiaries hurt by the actions.

Need Help Protecting an Estate? Call My Firm!

I understand how upsetting the death of a loved one can be, which is why I treat each client with the utmost compassion and respect. If someone has breached a love one’s trust, I can help you get the protection and justice you need. I have more than a decade of experience handling probate cases and provide step-by-step guidance through your estate law needs. Let the Law Office of James A. Zakasky help you during your time of grief.

If you are in need of Santa Rosa probate attorney, call (707)450-1439 today!