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How to recognize a breach of fiduciary duty

On Behalf of | Jul 19, 2024 | ESTATE PLANNING - Estate Administration & Probate

Understanding when a fiduciary has breached their duty is crucial as a beneficiary or stakeholder. Fiduciaries hold a position of trust and responsibility. Their actions can significantly impact your interests.

Below are three key signs that may indicate a potential breach of fiduciary duty.

Conflict of interest

One of the most common red flags in fiduciary relationships is a conflict of interest. When fiduciaries prioritize their interests over yours, they violate the fundamental principle of their role.

You should be wary if the fiduciary:

  • Makes decisions that benefit themselves rather than you
  • Fails to disclose personal interests that could affect their judgment
  • Uses their position to gain advantages or opportunities at your expense

It may be wise to always stay vigilant and question any actions that seemingly serve the fiduciary more than you.

Lack of transparency

Transparency is essential in any fiduciary relationship. A trustworthy fiduciary will keep you informed and communicate clearly and honestly.

You should be concerned if your fiduciary:

  • Withholds important information from you
  • Provides vague or incomplete explanations for their decisions
  • Refuses to answer your questions or share relevant documents

It might be a red flag if you find yourself struggling to obtain information. Also, if you are feeling left in the dark, it may indicate a breach of duty.

Mismanagement of assets

Fiduciaries have a responsibility to manage assets prudently. You should expect your fiduciary to make sound financial decisions and protect your assets.

Signs of mismanagement may include:

  • Unexplained losses or significant declines in asset value
  • Risky or speculative investments without your knowledge or consent
  • Failure to diversify investments appropriately

It may be time for further investigation if you notice unusual patterns in asset management. You may also want to be wary of questionable choices or decisions regarding your assets.

Understanding these signs can help you protect your interests and act if necessary. If you suspect a breach of fiduciary duty, you may want to consult a legal professional. An experienced attorney can guide you through addressing the issue and seeking appropriate remedies.