When someone creates an estate plan or trust document and names an executor or trustee, they expect that person to faithfully fulfill the obligations that role demands. But what if they abuse that responsibility?
Can you sue an estate’s executor for a breach of fiduciary duty? What about a trustee? Depending on the circumstances, yes, you can. Suing an executor of an estate or a trustee may enable you to protect yourself and others and prevent additional harm in the future.
At BrewerLong, our breach of fiduciary attorneys have been providing Florida individuals and families with trusted estate and business law guidance since 2008.
With decades of combined experience, our team understands the legal complexities of fiduciary duties, trusts, and estates, and we are committed to making those responsibilities more manageable.
What Is a Fiduciary Duty?
A fiduciary duty is a legal obligation requiring a person or entity to act in the best interests of another. Fiduciary duties generally include the duties of:
- Loyalty—act in the best interest of the beneficiary or principal;
- Care—exercise diligence, competence, and reasonable prudence in decision-making;
- Good faith—make decisions honestly and with integrity;
- Full disclosure—provide complete and accurate information to those entitled to it;
- Avoiding conflicts of interest—refrain from actions benefiting the fiduciary personally;
- Accounting—maintain accurate records and report financial activity regularly; and
- Confidentiality—protect private or sensitive information.
These general duties also apply in the context of trusts and estates, where executors and trustees manage property that does not belong to them.
Trusts
Trusts are a unique legal instrument that splits property ownership into three distinct parts. The trust owns property, which a trustee manages to benefit one or more beneficiaries. The trustee may or may not have rights to the property. If the trustee is also a beneficiary, they have the same rights as other beneficiaries.
Trustees owe fiduciary duties to the trust and all trust beneficiaries. Although legally possible, overlapping trustees and beneficiaries can create conflicts of interest, particularly when a trustee owes the same duties to themselves and others.
Estates
An executor manages property that belongs to the estate of someone who recently died. If the deceased person did not name an executor in their will, the person who serves in the role may be called an administrator. Regardless of title, the executor or administrator is the estate’s personal representative.
As the estate’s fiduciary, the personal representative owes duties to all those with an interest in the estate, typically including:
- Beneficiaries under a will,
- Heirs under the law, and
- The estate.
The scope of a fiduciary’s obligations depends on what the estate includes. For example, if an estate involves complex business interests, the fiduciary may be obliged to take a more active role.
What Is a Breach of Fiduciary Duty?
A fiduciary commits a breach of fiduciary duty when they fail to act consistently with their obligations. For beneficiaries and business owners, the financial consequences of these breaches can be severe.
Legal Elements
To prove a breach of fiduciary duty occurred, you need to provide evidence that the circumstances match the following legal requirements:
- A fiduciary relationship existed between the person who is suing and the person being sued,
- The fiduciary breached their duty,
- The breach caused harm, and
- That harm involves measurable damages.
Courts may also examine whether the fiduciary acted intentionally, recklessly, or negligently. These elements apply regardless of whether you are suing an executor of an estate or a trustee managing a trust.
Examples of Fiduciary Misconduct
Some common types of fiduciary misconduct in estate and trust matters include:
- Mismanaging assets. Failing to protect, invest, or properly distribute estate or trust property.
- Self-dealing. Using estate or trust resources for personal gain or benefitting preferred individuals, such as selling estate assets to themselves below market value.
- Failing to communicate. Not providing required updates or withholding information, including delays in responding to requests for financial records, legal documents, or accountings.
- Neglect or delay. Postponing essential actions like asset inventory, debt payment, tax filings, or final distribution.
Navigating conflicts of interest in the context of trusts and estates often brings unique challenges, as personal relationships between creators and beneficiaries are common. Ultimately, the law allows beneficiaries to sue fiduciaries only when their conduct causes harm.
Suing for Breach of Fiduciary Duty
If you are considering suing for breach of fiduciary duty of an executor or you want to sue a trustee for breach of fiduciary duty, consider taking the following steps:
- Gather documentation of the fiduciary’s role and what they have done,
- Request a formal accounting from the fiduciary, and
- Speak with a business and estates lawyer.
Some claims resolve through negotiation or mediation, where a neutral third party leads the parties through a discussion to find solutions outside of court. However, if the fiduciary refuses to cooperate or continues to act improperly, you may resolve the situation in a courtroom hearing.
Remedies for Breach of Fiduciary Duty
After a breach of fiduciary duty, a court may order the following remedies:
- Monetary damages—reimbursement for losses caused by the fiduciary’s breach, such as investment losses, administrative costs, or missed income;
- Restitution—return of funds or property taken or misused by the fiduciary;
- Removal of the fiduciary—immediate termination of the fiduciary’s authority; and
- Attorney’s fees and costs—legal costs of the beneficiaries.
In rare cases, courts may award punitive damages—financial penalties designed to punish intentional misconduct and deter similar behavior in the future.
Contact BrewerLong
BrewerLong is a trusted Florida law firm with the experience to guide clients through disputes where high-value assets or business concerns are at stake. We assist clients with estates involving family businesses, commercial real estate, or multi-member limited liability company (LLC) interests.
Our attorneys help clients understand their rights, build strong claims, and work toward fair outcomes—whether in negotiation or court. Contact us today to speak with a knowledgeable attorney about your case.
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