When someone is appointed as an executor, administrator, trustee, or guardian, they accept a fiduciary duty to act in the best interests of the beneficiaries or ward. Breach of fiduciary duty occurs when the fiduciary violates that obligation — whether through self-dealing, mismanagement, neglect, or outright theft.
John Baker represents beneficiaries and heirs in fiduciary breach claims across Athens-Clarke County, Oconee County, and northeast Georgia. He also represents fiduciaries who have been wrongly accused of misconduct.
Self-Dealing. The fiduciary uses estate or trust assets for their own benefit. Examples include transferring property to themselves, paying themselves excessive fees, or directing estate business to companies they own or control.
Failure to Account. Georgia law requires executors and trustees to provide accountings to beneficiaries. A fiduciary who refuses to account for the assets under their control is failing a fundamental duty.
Mismanagement of Assets. Imprudent investments, failure to preserve estate property, and allowing assets to depreciate through neglect can all constitute breach of the duty of care.
Unreasonable Delay. Unjustified delays in distributing estate assets to beneficiaries can cause significant harm, particularly when beneficiaries are relying on their inheritance for financial support.
Failure to Act Impartially. A fiduciary who favors one beneficiary over another without legal justification breaches the duty of impartiality.
Georgia courts have broad authority to address fiduciary misconduct. Available remedies include removal of the fiduciary, surcharge (requiring the fiduciary to personally compensate the estate or trust for losses), court-ordered accountings, and in some cases, recovery of attorney's fees. John Baker pursues the full range of available remedies based on the specific facts of each case.
See also: Will Contests, Trust Litigation, Guardianship Disputes.
Related Practice Areas:
Probate & Fiduciary Litigation · Will Contests · Trust Litigation · Fiduciary Breach · Guardianship Disputes
A fiduciary duty is a legal obligation to act in the best interests of another person. In probate and trust law, executors, administrators, and trustees owe fiduciary duties to the beneficiaries of the estate or trust. These duties include the duty of loyalty, the duty of care, the duty to account, and the duty to act impartially among beneficiaries.
Warning signs include an executor or trustee who refuses to provide accountings, unexplained depletion of estate or trust assets, the fiduciary using estate assets for personal benefit, unreasonable delays in making distributions, failure to communicate with beneficiaries, and making investments that are imprudent or serve the fiduciary's interests rather than the beneficiaries'.
Georgia law provides several remedies including removal of the fiduciary, surcharge (personal liability for losses caused by the breach), recovery of attorney's fees in some circumstances, appointment of a successor fiduciary, and court-ordered accountings. The appropriate remedy depends on the nature and severity of the breach.
Contact John Baker for a free, confidential consultation. He will review your situation and help you understand your legal options.
