We contacted Joel seeking advice on how to address a very complex family trust and estate issue. He asked some simple questions, reviewed the documents we had available, and responded quickly. Joel told us the questions we needed answer and the additional documents we would need in order to resolve the issue.Joel took us from confusion and distress to a good understanding of our actual status and action steps to put things right. If we hit any other surprises, we will go back to Joel. If we need help with issues around trusts and estates in the future, we are glad we have found to go-to attorney to sort out tough questions and get practical answers. Joel showed us his heart and compassion for the whole family from the beginning. Thank you, Joel!
Joel did a great job for me, I can't thank him enough. He was easy to work with, always accessible, methodical, well organized and extraordinarily talented. I was so surprised, I didn't think they made attorneys like this. My wife and I will remember him forever with respect to how well he handled our case.
Fiduciary Abuse Contests in TustinThe fiduciary duty is one of the highest legal responsibilities of the court. Unfortunately, not all fiduciaries take their responsibilities seriously. Even worse, some intentionally abuse or neglect their duties, causing financial damage to those entrusted to their care.
If you suspect fiduciary abuse or neglect, you need a qualified fiduciary abuse litigation lawyer to review your case. Call our office today to schedule your free consultation.
What Is Fiduciary Abuse Litigation?At Joel F. Pipes & Associates, we represent corporate, institutional, and individual clients with disputes related to all types of fiduciary issues. Our attorneys fight for clients in matters related to breach of fiduciary duties, including abuse and fraud.
A fiduciary duty is a legal relationship of confidence between at least two parties. In this type of relationship, one party has the fiduciary duty. They are bound to the person entrusting their money to them. The fiduciary is legally responsible for acting in good faith towards the party they represent, putting that person’s well-being before their own interests.
Fiduciaries are responsible for providing their clients with the best care. This requires them to be honest and forthright with information, accurately advise their client, and remain confidential. When an individual who is legally responsible for managing another’s assets uses their power for their own financial benefit, this is unethical and illegal in most cases. Fiduciaries also face litigation when they willingly neglect their duties.
A lawsuit alleging a breach of fiduciary duties must include four key elements. Your fiduciary abuse contest lawyer must prove:● Fiduciary duty existed.
● Fiduciary duty was breached.
● The plaintiff suffered quantifiable harm.
● The breach of fiduciary duty caused the plaintiff’s loss.
The most common fiduciary relationships include:
● Trustee to beneficiary
● Employee to employer
● Agent to principal
● Broker to client
● Corporation director to shareholders
● Financial advisor to a client
● Attorney to client
When a breach of fiduciary duty occurs, it is the wronged party’s responsibility who has the burden of proof.
How Can a Fiduciary Abuse Litigation Attorney Prove Fraud?A fiduciary abuse contest attorney can establish an abuse case involving:
● Alleged fiduciary negligence
● Trust disputes
● Trustee mismanagement
● Trustee self-dealing
● Financial exploitation
● Trust litigation
● Malfeasance in the administration of trusts and estates
The most common arguments of fraud include:● Misrepresentation and omission claims- fiduciaries are liable to their clients when they lie about investments or omit important information about an investment or financial transaction. Since fiduciaries must wholly and accurately disclose all information regarding assets and accountings, failing to do so can leave to breach of fiduciary duty claims.
● Unsuitability- In cases where a fiduciary is responsible for investment recommendations, they must recommend only appropriate investments for the client. The client’s investment objections, risk tolerance, financial situation, age, and investment experience should all be considered before making a decision. If a court finds that the fiduciary recommends investments not suitable for the client, they can be held legally responsible for any negative financial impact.
● Unauthorized trading- In some cases, when a broker is handling a client’s account, it is the fiduciary responsibility to obtain the client’s approval before engaging in securities transactions.
If you have suffered financial damage because of a breach of fiduciary duties, you have the right to pursue a damage claim.
Joel F. Pipes & Associates Is Here to Help File Your Fiduciary Fraud or Abuse CaseOur firm has successfully represented claims in numerous cases of fiduciary fraud and abuse. We work hard to conduct thorough investigations and gather compelling evidence to present a convincing case about the damage caused by a breach of fiduciary duties. Our qualified fiduciary abuse contest attorneys present your case in an organized and persuasive manner to recover compensation for your losses.
From Hollywood stars to small businesses and homeowners, we’re here to fight for justice on your behalf. You and your family have worked hard to build your financial assets. Your loved ones deserve to have their last wishes honored, and you deserve to have a fiduciary who works with your best interest in mind.
Whether you are facing claims of fiduciary abuse or need someone who can file a lawsuit against a fiduciary on your behalf, Joel F. Pipes & Associates has the skill and expertise to successfully represent you in court. Give us a call today to schedule your free consultation.