Probate Litigation – When a fiduciary duty is breached turn to Howe Legal in Lowell, MA.
A fiduciary duty is a legal duty to act solely in another party’s interest. Trustees, Conservators, Attorneys in Fact and Personal Representatives of Estates all have fiduciary duties to act in the best interest of beneficiaries. When the fiduciary exercises improper power and breaches the duty the fiduciary should be held accountable and/or removed from power.
1. Will Contests — An interested party may bring a petition to contest the probating of a Will for lack of testamentary capacity of the testator/testatrix at the time of execution; undue influence; fraud or improper execution.
2. Revocation of Power of Attorney — When an agent in fact has breached their fiduciary duty and/or the principal is no longer satisfied with said agent a revocation should be initiated.
3. Removal of Trustee — An action to remove a trustee should be brought when the trustee has committed a breach of trust; there is a lack of cooperation among co-trustees; unfitness, unwillingness, or failure of the trustee to administer the trust appropriately or there has been a substantial change of circumstances.
4. Removal of guardian or conservator for improper actions as fiduciary.
5. Equity petitions — When there is no applicable legal remedy an equitable remedy may be appropriate, such as a preliminary junction or temporary restraining order to enjoin a party from pursuing a particular course of action.
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