Breaches of Fiduciary Duty & Beneficiary Rights

Glatstein & O’Brien LLP — Denver, Colorado

Trustees, executors and personal representatives owe a fiduciary duty to both the beneficiaries and the creditors of the trust/probate estate. Additionally, they must protect and conserve assets of the trust/probate estate in compliance with applicable laws and the terms of the trust/will.

At Glatstein & O’Brien LLP, we handle Colorado probate litigation on behalf of clients throughout Colorado and from across the country. Our firm both defends the actions of fiduciaries, and represents the interests of beneficiaries in a variety of probate litigation disputes. If facing a lawsuit involving a breach or an alleged breach of fiduciary duty — contact Glatstein & O’Brien LLP.

Fiduciary Duty, Beneficiary Right

Fiduciary duties and beneficiary rights are essentially, two sides of the same coin. These include:

• The duty of loyalty: The fiduciary duty to refrain from engaging in self-dealing or otherwise not use his or her fiduciary position to further personal interests rather than those of the beneficiary.
• The duty of impartiality: The duty to treat beneficiaries and creditors equally and fairly, to divide and distribute assets appropriately and in accordance with the testamentary intent.
• The Uniform Prudent Investor Act: In Colorado, a fiduciary has a duty to manage estate assets pursuant to the Colorado Uniform Prudent Investor Act.
• Duties of an estate’s personal representative: To settle the affairs of estates — appraisals, creditors, taxes, and distributions promptly – to use appropriate means of asset protection and to conserve the estate’s assets; and to act in the beneficiaries’ best interests at all times.

Call 303-731-3986 to schedule a Initial Consultation.

We endeavor to communicate with out-of-state clients in writing, by phone and fax, by e-mail, and by using overnight delivery services when necessary. We use the most cost effective means to communicate with our clients in light of any time constraints we are under. Our goal is that our out-of-state clients do not have to come to Colorado unless they wish to do so or a hearing is held at which they must appear personally. It is possible to request that a party be allowed to appear at hearings by telephone, and we do so frequently.

To schedule a  initial consultation — call our Denver, Colorado, offices directly or complete the brief intake form located on the Contact Us page of this Web site.

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