A guardian, conservator, executor, administrator and a trustee are all fiduciaries. As a fiduciary you are required to administer the estate or trust in a prudent manner with undivided loyalty to the beneficiaries. As a fiduciary you may be required to manage a business, sell real property, sell personal property or litigate claims on behalf of the estate or trust.
Fiduciary Representation Overview:
A significant portion of your time could be spent litigating on behalf of the estate or trust the rights or interests to property. A fiduciary must conduct his activities in accordance with the applicable laws and fiduciary duties. A fiduciary will need legal advice throughout administration to avoid violation of these laws and fiduciary duties. As a fiduciary you are personally liable to the estate or trust for any harm that is caused to the financial interests of the beneficiaries. In most instances the beneficiaries will have a right to know what actions the fiduciary is undertaking and they will be entitled to full disclosure.
The Law Office of Sam Walker will provide you with the peace of mind that you need to act as a fiduciary for the estate or trust and ensure that you are aware of the applicable laws and fiduciary duties in advance of any duty to act. A fiduciary should spend their time focusing on conducting the day to day activities of the estate or trust and is not expected to know the legal aspects of administration. Whether you are a professional fiduciary, or a fiduciary named in the will or trust of a family member, you may obtain the services of an attorney without cost to you. The estate or trust will pay the attorney’s fees of a guardian, conservator, executor, administrator or a trustee directly from the estate or trust funds.
A guardian, conservator, executor or administrator unlike a trustee will be required to provide periodic accounting information to the court and the beneficiaries. A trustee is also required to prepare periodic accounting information but is not required to report that information to the court. As a fiduciary you will need to hire an accounting firm to prepare the accounting information for presentation to the court and if required to the beneficiaries. Like the attorney’s fees the costs of hiring the accounting firm are paid directly from the guardianship estate, conservatorship estate, probate estate or trust corpus. In addition, if any other professional services are needed those expenses will be paid by the estate or trust directly.
Beneficiaries of an estate or trust have standing to enforce their rights and may hire an attorney to initiate litigation against the fiduciary if they are not provided timely information or otherwise perceive that the fiduciary has breached any of his fiduciary duties.
Our Approach to Fiduciary Representation
At the Law Office of Sam Walker, we provide zealous representation in a caring individualized manner. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. You will have direct access to the attorney who will be handling your case at all times while you are acting as a fiduciary. If you have any questions your attorney will respond to your call within 24 hours.