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Breach of Fiduciary Duty
Breach of Fiduciary Duty Matters
JDR LAW, located in Phoenix, Arizona, represents clients throughout the great state of Arizona in breach of fiduciary duty matters.
Common Fiduciary Positions
A breach of fiduciary matter arises when a person in a fiduciary position breaches a legal duty owed to the principal. Since legal duties are owed in so many different areas of probate, trust, and elder abuse matters, the principal, or the person who the legal duty is owed to, often varies based on the situation. Common examples of different fiduciary positions are: a trustee breaching their duty to a beneficiary, a Personal Representative breaching their duty to an heir or devisee, a guardian or conservator breaching their duty to a ward (person under guardianship or conservatorship), or a power of attorney breaching their duty to the principal grantee of the power of attorney.
Arizona Law Provides Remedies
In the best-case scenario, a breach of fiduciary duty was unintentional and can be remedied through direct and honest communication. In other cases, the breach of fiduciary duty was intentional and meant to obtain a gain and must be remedied through legal action. Arizona law provides a number of remedies to a breach of fiduciary duty, however, in almost all cases a Petition must be filed with the court to seek the remedies available. JDR LAW can advise you through this process, draft all necessary pleadings, and advocate on your behalf to ensure the maximum recovery for the breach of fiduciary duty.
JDR LAW also represents professional licensed fiduciaries and non-professional fiduciaries from various claims of improper action(s). Our representation of a fiduciary centers around advising the fiduciary of their duties under Arizona law, corresponding with the principal and/or their family member(s), and defending actions taken in good faith by the fiduciary.
JDR LAW is here to assist you in all fiduciary related matters. Contact us today for a free consultation and to see how we can strategically assist you with your case.