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Breach of Fiduciary Duty
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Trust Litigation Attorneys in Orinda, CA

A fiduciary holds a legal and ethical responsibility to act in the best interests of others, often managing sensitive estate matters on behalf of beneficiaries. When that responsibility is misused or neglected, those affected are entitled to protect what’s rightfully theirs.

At Burrey Law Group, Inc., we represent clients on both sides of breach of fiduciary duty claims. We can help you protect your interests and seek fair, lawful outcomes.

What Is a Breach of Fiduciary Duty?

In estate and trust matters, a fiduciary (a trustee, executor, or administrator) is legally required to act in the best interests of the beneficiaries and by the terms of the trust or will. A breach occurs when that individual fails to fulfill these duties, which can include:

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Mismanaging trust or estate assets
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Failing to disclose important information
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Delaying distributions or ignoring terms of the trust or will
Fiduciary Accounting
Delaying distributions or ignoring terms of the trust or will
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Engaging in self-dealing or conflicts of interest
Breach of fiduciary duty can lead to serious financial consequences and damaged relationships among family members. Our team helps clients navigate these emotionally charged and high-stakes situations with care and clarity to achieve the best outcome possible.
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Who Can File a Claim?

If you are a beneficiary, heir, co-trustee, or another party with a legal interest in a trust or estate, you may be eligible for a breach of fiduciary duty claim. We help clients understand their rights and assess whether a breach has occurred based on a careful review of the facts and documentation.

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What to Do If You Suspect a Breach

If you believe a fiduciary is not acting in accordance with their legal responsibilities, it’s important to act quickly:

  • Gather documentation such as accounts, communications, and legal documents.
  • Consult an experienced attorney who can evaluate the situation and recommend next steps.
  • Explore legal remedies, which may include removal of the fiduciary, restitution, or court intervention.

At Burrey Law Group, we take a strategic and compassionate approach to each case. Our experience in trust and estate litigation, combined with our proactive communication style, helps clients feel informed and empowered throughout the entire process.

Defense Against Breach Claims

We also represent fiduciaries who are facing breach of duty claims. Whether the dispute stems from misunderstanding, administrative error, or complex family dynamics, we provide a clear defense strategy backed by deep knowledge of California probate law. Our goal is to resolve disputes as efficiently and constructively as possible, all while protecting our clients’ professional integrity and legal obligations.

Illustrative Example

Imagine this situation: A parent’s trust leaves the majority of the estate to one sibling, while the others—previously included—are unexpectedly excluded. The change happened during a time when the parent was in declining health and heavily reliant on one child for care and decision-making.

In a case like this, beneficiaries may question whether the trustee acted appropriately or violated their fiduciary duty. A legal team might investigate financial records, assess communications, and pursue legal remedies to protect the rights of all parties involved.

Consequences can include court removal, financial restitution, personal liability for losses, or other legal penalties. In some cases, the fiduciary may also be required to pay the other party’s attorney’s fees.

Proof requires showing that a fiduciary duty existed, that the duty was breached, and that the breach caused harm. Documentation, timelines, and witness statements often play a key role.

Yes. If the court finds sufficient cause, it may remove a fiduciary and appoint a replacement. This is often pursued when there is clear misconduct, mismanagement, or failure to act in the estate’s best interest.

We understand that disputes involving family members can be especially difficult. We work with clients to navigate these situations with discretion, respect, and legal clarity.

The timeline can vary depending on the details of the case. We recommend speaking with an attorney as soon as you suspect an issue.

Frequently Asked Questions

Some of your burning questions have been answered.

Get in touch Get the Legal Support You Deserve

If you’re involved in a trust or estate dispute involving a potential breach of fiduciary duty, our team is here to help. At Burrey Law Group, Inc., we provide experienced, strategic representation with a focus on achieving meaningful outcomes and reducing stress along the way.

Contact us today to schedule a consultation and protect what matters most.

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