Trustees wield considerable power over a trust, its beneficiaries, and the legacy of the person who created it. The fiduciary duty is a crucial line of defense for beneficiaries. If you suspect a trustee violated their fiduciary duty, acting quickly is crucial. But many people ask the same question: How do you prove a breach of fiduciary duty?
At Gokal Law Group, we have helped beneficiaries like you prove their case, succeed in court, and achieve their ideal outcome for years. Read our blog to learn more.
Where is the Burden of Proof When Proving a Breach of Trustee Duties?
Understanding where the burden of proof lies is the first step in answering the question, How do you prove a breach of fiduciary duty?
If you suspect that a trustee is guilty of a breach, then the burden of proof initially rests on your shoulders when beginning the California trust litigation, which is why working with a trust lawyer in Orange County is essential.
However, if you can prove that a fiduciary violated their duty, the proof of burden then shifts to the trustee to demonstrate that they acted in good faith, acted in a way that was fair and equitable to beneficiaries and that they were transparent with beneficiaries.
How Do You Prove a Breach of Fiduciary Duty?
Per California trust law, trustee duties (also called the fiduciary duty) are an obligation to serve or make decisions that are in the best interest of beneficiaries and the trust.
When a trustee fails to uphold this obligation, this is known as a breach of their fiduciary duty and can have severe legal repercussions. But it is important to remember that only a person to whom the trustee owes a fiduciary duty can sue for a breach.
- Withheld pertinent information
- Misappropriated trust funds
- Committed self-dealing
- Abused their position
- Failed to avoid a conflict of interest
- Failed to keep beneficiaries informed
Clearly, a breach of duty can take many forms. The key elements you have to prove are proving they had this duty, that they breached it, damages, and causation. Working with an Orange County trust lawyer is essential to determine if a breach occurred.
Working with a trust litigation attorney is essential because they have the expertise to leverage the law to collect evidence only the trustee has, ensure evidence is admissible and compelling, adhere to the rules of probate court, and make a compelling argument.
“We recently worked on a case where a trustee failed to make prudent investments, which resulted in losses. Beneficiaries expressed they did not know how to prove this occurred in court. We helped them navigate this process by collecting emails, compiling witness testimonials, contacting expert witnesses, and ensuring all the evidence was admissible in court. As a result, we helped the beneficiaries prove the trustee did not do the necessary due diligence, prove that this resulted in damages, recover losses, and replace the negligent trustee.” – Nicholas D. Porrazzo, Partner and California Trust Litigation Lawyer, Gokal Law Group
Premier Trust Litigation Lawyers in Orange County
So, how do you prove a breach of fiduciary duty? Working with a premier Orange County trust lawyer is essential to proving a breach of trustee duties in probate court. Only an expert understands how to locate and collect the evidence you need to succeed, present it in court, devise a compelling argument, and help you win your case. With a trust litigation lawyer at Gokal, you will always have a home court advantage.
Visit our Contact Page and schedule a case evaluation for representation that provides the best chances of proving your case in court. Trust us to guard your trust.