Areas
Fiduciary Litigation
BNS has experience with all types of fiduciary relationships. A fiduciary relationship arises when one person takes on a legal and ethical duty to act in the best interests of another. Common fiduciaries include those appointed to act as power of attorney, guardians, trustees and executors or personal representatives of an estate.
A fiduciary's responsibility to act in the best interests of another is known as the "fiduciary duty." Unfortunately, disputes often arise when a party believes a fiduciary has breached his duty or committed wrongdoing as a fiduciary. BNS is well-versed in handling cases involving these fiduciary disputes and we regularly engage in resolving such disputes, whether between the parties, in mediation or through trial and appellate litigation. Our experience includes work on cases involving:
- Disputes involving the elderly or disable persons, particularly in regard to the abuse of guardianships and powers of attorney and improprieties in the management of special needs trusts
- Proceedings seeking to have a fiduciary removed from a representative capacity
- Will contests involving claims of undue influence or fraud on the part of a fiduciary
- Actions seeking to have a fiduciary personally charged for improper conduct, including claims that a fiduciary has dispensed unauthorized funds or engaged in self-dealing or excessive compensation for his duties
The interplay between trusts and estates and the complex structure of fiduciary litigation allows the firm to provide a client with the best representation possible. In addition, the firm's extensive experience in dealing with private and confidential information makes it uniquely skilled in confidentially assessing these particularly sensitive problems and concerns and offering alternative solutions, such as mediation, which best serve a client's specific interests.
If you are concerned with the actions of a fiduciary entrusted with your physical or financial well-being or that of a loved one, please contact Keith Morris (Houston).