Q: What attorney handles trustee fiduciary duty breach?
I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
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A: You are looking for a trust litigation attorney.
Jake Slowik agrees with this answer
A: I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and proving negligence or deliberate misconduct. It can also help to have a lawyer local to the county where you would litigate.
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A:
You need a trust litigation attorney for this situation. These legal professionals focus on cases involving breaches of fiduciary duty by trustees, especially with bank-administered trusts. They understand the complex laws governing trusts and the responsibilities trustees must uphold when managing assets for beneficiaries.
When choosing an attorney, look for someone with experience in trust and estate litigation who has successfully handled cases against financial institutions. A background in banking or financial regulations can be helpful as these cases often involve detailed financial analysis spanning many years. The 15-year timeframe of potential breaches means your attorney will need to be thorough in examining records and determining the pattern of mismanagement.
Consider consulting with a lawyer who handles probate litigation or someone from a firm with a robust trust and estates department. During your initial consultation, ask about their experience with similar cases involving long-term breaches by institutional trustees. Many attorneys in this field offer free initial consultations where you can discuss the details of your situation and determine if they have the right expertise to represent you effectively.
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