Maitland Breach of Fiduciary Duty Lawyers

Fiduciary Duty Under Florida Law

According to Florida Statutes § 733.602, a fiduciary relationship exists when one person must act in the best interests of another with loyalty, care, and good faith. In probate and trust matters, that duty often applies to a trustee, guardian, agent under a power of attorney, or personal representative.

The statute states that a personal representative is a fiduciary and must settle and distribute an estate efficiently and in the best interests of the estate. Florida trust law also imposes fiduciary duties through the Florida Trust Code, Part VIII (§§ 736.0801–736.0813), including duties of loyalty, impartiality, prudent administration, and the duty to inform and account to beneficiaries.

These cases are far from rare. The Florida courts’ 2023–2024 probate statistics report shows 77,053 probate filings, 702 trust filings, and 146,763 total probate division filings statewide in fiscal year 2023–2024.

When such disputes arise, a breach-of-fiduciary-duty lawyer in Maitland can review whether the fiduciary acted for the benefit of the estate or used their position to benefit one party, conceal transactions, or misuse assets.

Common Conduct That Can Lead to a Claim of Breached Fiduciary Duty

Certain forms of conduct appear frequently in probate litigation and trust disputes. The following examples show how a breach may arise. Our breach-of-fiduciary-duty attorneys in Maitland look for these patterns when evaluating whether a claim is justified:

• Self-dealing: The fiduciary uses estate or trust property for personal enrichment instead of acting for the beneficiaries.
• Misuse of funds: The fiduciary spends, transfers, or withdraws estate money without lawful authority.
• Failure to account: Beneficiaries don’t receive accountings, records, or financial disclosures as required by law.
• Improper distributions: Assets are distributed to the wrong person, too early, or in conflict with the governing documents.
• Commingling property: The fiduciary mixes estate or trust assets with their own personal funds or property.
• Favoritism: One beneficiary receives preferential treatment at the expense of another with equal or competing rights.
• Failure to collect assets: The fiduciary doesn’t take reasonable action to locate, secure, or preserve estate property.
• Concealment: Transactions, records, or communications are hidden to prevent review by beneficiaries or the court.

These and similar actions may support a lawsuit when the conduct causes loss, delay, or unfair benefit. State law provides remedies that include accountings, injunctions, suspension, removal, and restoration of property or value.

What Must Be Proven in a Breach-of-Fiduciary-Duty Case?

A claim for breach of fiduciary duty generally hinges on three main elements. The plaintiff must establish each element with clear records, testimony, and financial proof.

Existence of a Fiduciary Duty

The defendant held a position that required loyalty, care, and good faith toward another person or group.

Breach of Duty

The defendant acted improperly, failed to act when required, or placed personal interest above their fiduciary obligations.

Resulting Loss

Finally, the breach led to measurable losses in the form of money, property, delay, or reduced value to the estate or trust.

These cases are fact-driven. Our Maitland breach-of-fiduciary-duty attorneys may use probate filings, trust instruments, bank records and tax records, deeds, emails, and witness testimony to demonstrate how the breach occurred and what harm followed.

How We Defend Fiduciaries in Breach-of-Duty Claims

Not every allegation of misconduct leads to liability. In many probate and trust disputes, the governing documents, record of administration, and material facts show that the fiduciary acted within the scope of their legal authority and in good faith. A strong defense strategy should therefore address both the legal standard and the factual record tied to the claim.

Several defensive arguments may apply depending on the circumstances of the disputed conduct or transaction.

Good-Faith Administration

The fiduciary acted with honest intent, relied on available information, and made decisions for the benefit of the estate, trust, or beneficiaries rather than for personal gain.

Compliance with Governing Documents

The trustee or personal representative followed the will, trust, court order, or other controlling instrument as written and acted within the scope of granted authority.

Full Disclosure and Documentation

Financial records, communications, accountings, receipts, and court filings show that the fiduciary disclosed material actions and maintained a proper record of administration.

Lack of Causation

Even if they challenge a decision, the plaintiff may not be able to prove that the act caused actual financial loss to the estate, trust, or other party.

Consent, Waiver, or Approval

A beneficiary or interested person may have approved the transaction, accepted the accounting, or failed to object after receiving notice and disclosure.

Reasonable Reliance on Professionals

The fiduciary acted after receiving advice from an attorney, accountant, financial advisor, appraiser, or other qualified professional involved in the matter.

Authority Under Florida Law

The challenged act may have been expressly permitted by statute, court approval, or a power granted to the fiduciary under Florida probate or trust law.

Challenge to Claims of Loss

The reported losses may be overstated, speculative, unsupported by documentation, or unrelated to the alleged breach.

A robust defense calls for early, detailed review of timelines, accountings, correspondence, asset transfers, tax filings, and court documents. In many cases, the central issue isn’t whether someone is unhappy with the result but whether the fiduciary violated a legal duty and caused provable damage in the process.

Remedies Available in Florida Probate and Trust Litigation

Florida law gives courts several tools to address fiduciary misconduct. The specific remedy ordered depends on the scope of the breach, the value of the assets involved, and the position of the fiduciary in the legal process. Possibilities include:

• Accounting orders: The court may require full disclosure of receipts, payments, transfers, and management of assets.
• Injunctive relief: The court may block further transfers, sales, or actions while the case is pending.
• Removal or suspension: A trustee or personal representative may be removed or have their authority suspended.
• Surcharge: The fiduciary may be held personally liable for financial losses resulting from the breach.
• Restoration of property: Money or property may be returned to the estate or trust.
• Disgorgement of profit: A fiduciary may be ordered to give up profits gained from improper conduct.
• Fee-related relief: Attorney’s fees and costs may be recoverable where authorized by law or court order.

These remedies are intended to correct the damage done and protect the estate or trust’s remaining assets. Florida Statutes section 736.1001 and section 733.609 on a personal representative’s liability for breach of fiduciary duty address remedies and liability in these cases.

Why Swift Action Is Essential in Breach-of-Fiduciary-Duty Cases

Fiduciary disputes can worsen quickly when no one steps in to help resolve them. Delays often increase the difficulty of tracing funds, protecting property, and preventing additional harm. Here’s how the risks could multiply without intervention:

• Asset transfers may continue: A fiduciary may keep moving funds or property while concerns remain unresolved.
• Records may become harder to obtain: Missing statements, altered books, or delayed disclosures can make proving the misconduct more difficult.
• Property value may decline: Poor management or improper sales can reduce what’s left for beneficiaries.
• Court options may narrow: Waiting too long can complicate requests for emergency relief or accountings.

These risks make prompt legal review critical.

Find Out Whether Your Suspicions Are Warranted

If you have reason to believe a fiduciary may have breached their duty, get a consultation that examines the timeline, the losses, and the conduct at the center of the issue.

Schedule a Free Consultation

Why Choose Veliz Katz Law?

Veliz Katz Law boasts several distinct advantages when it comes to fiduciary litigation, probate disputes, and estate-related claims in Central Florida.

Probate-Focused Representation

Probate matters make up a substantial part of our firm’s practice, including breach-of-fiduciary-duty claims and other estate-litigation disputes.

Extensive Experience

We’ve been serving clients throughout Central Florida since 1994, which means decades of familiarity with local courts and legal procedures.

Clear, Direct Communication

Our clients always receive straightforward communication, regular case updates, and a clear explanation of the legal process at each stage.

Free Consultation and 24/7 Availability

We offer free consultations and remain available around the clock for clients dealing with trust and probate conflicts and related claims.

These qualities make Veliz Katz Law a strong option for managing breach-of-fiduciary-duty matters in Maitland and nearby counties.