How can you prove a breach of fiduciary trust?

Lynard C. Hinojosa

Choosing someone to take care of your trust, estate or conservatorship is a big decision. It requires a lot of trust. It is disappointing if you find the person that you or a relative trusted has let you down.

To prove a breach of fiduciary trust of duty in Los Angeles, you need to establish three things:

  • They had a fiduciary duty: They have to know someone named them a fiduciary. There must be a legal record of this.
  • They breached it: If they are in charge of your money or estate, they need to do what is best for you. If they choose to do what is best for them, they may have breached their duty. Equally, if they do not carry out their responsibility through laziness or negligence rather than any sinister intent, they may still violate the faith placed in them.
  • The breach caused you damages: If there is no damage done, then you have no case.

If you believe you have a case, you will need a real estate litigation attorney to prepare your case. The onus is on you to prove all three points. It can be hard to prove, especially if the fiduciary was merely bad at the job, rather than trying to rob you. You may feel your estate should have gained in value by a certain amount and would have if the fiduciary had made different investments. They may feel they acted reasonably and in good faith, and so did not breach their fiduciary duty.




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