![]() Conversion: The Trustee or Executor commits theft by indirect means, such as undervaluing liquidated assets and pocketing the difference.Theft: The Trustee or Executor misappropriates property from the trust or estate.This could be done to cover up for other types of breaches. Dishonest accounting: The Trustee or Executor intentionally gives the beneficiary inaccurate information about the contents or value of the trust or estate.Self-dealing: The Trustee or Executor uses their position as a fiduciary to benefit their own interests to the detriment of the Beneficiaries, such as selling trust or estate to assets to a family member for less than market value.In a case regarding an estate or trust, the breach of fiduciary duty harms the beneficiary or heir. When a fiduciary violates their obligations to the other person, they have breached their fiduciary duty. ![]() > Back to Top What is a Breach of Fiduciary Duty? In all of these contexts, Georgia law requires specific duties to be performed and requires that the fiduciary be held to a high standard. In the context of a power of attorney, the attorney-in-fact must not squander the assets of the person that has given the power of attorney to them. In the context of a trust, the Trustee or Trust Administrator acts as a fiduciary for the Beneficiary. In the context of Probate or Estate Administration, the Executor or Administrator acts as a fiduciary to those who will receive from the estate. Accordingly, a fiduciary duty, one of the highest legal duties under Georgia law, is the legal duty of a fiduciary to act in the best interests of the beneficiary. Typically, a fiduciary is someone trusted to take care of money or other assets for another person. ![]() Our firm can represent both local and out-of-state clients in Probate litigation throughout the State of Georgia. As your Atlanta breach of fiduciary duty attorney, we can bring action on behalf of Heirs and Beneficiaries and can defend Executors, Administrators, Trustees, and Trust Administrators accused of breaching their fiduciary duty. can represent a fiduciary or someone challenging a fiduciary in a lawsuit alleging breach of fiduciary duty.
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