Breach of Fiduciary Duty
With breach of fiduciary duty, the personal representative of an estate has a fiduciary duty to the beneficiaries of the estate to be honest, fair, careful and loyal. When a personal representative violates those duties, a deceased’s distribution or gift may be compromised and put in jeopardy of being destroyed. The law firm of HARK │YON | MARMOR, PL represents both personal representatives and beneficiaries in dealing with the following matters:
- Failure to administer the Florida Estate in accordance with the guidelines established by the Florida Probate Code and the Florida Rules of Probate Procedure
- Improperly managing the Estate’s assets and investments
- Improperly distributing the Estate’s assets and investments
- Receiving excessive compensation
When the fraudulent activities or negligence of the personal representative results in a financial loss to the Estate, the Probate Court can remedy the situation through (i) removing the personal representative, or (ii) awarding money damages against the personal representative or others involved in the wrongdoing.