A fiduciary duty is a legal duty to act solely in another party's interest. Trustees, Powers of Attorney and Personal Representatives (Executors) of Estates all have fiduciary duties to act in the best interest of beneficiaries. When the fiduciary duty is breached, these individuals should be held accountable and/or removed from power. Where there is undue influence of an elder, action should be taken to protect the elders physical, financial and legal rights. When the disposition of assets under a will, Probate or Trust results in an unfair outcome for an interested party, a petition in Equity can remedy the result.
Removal of Trustee for Breach of Fiduciary Duty
Revocation of Power of Attorney
Equity Court Petitions in Probate Court