Probate Attorney Denver


Probate Attorney Denver

Breach Of Fiduciary Duty Lawyer

In basic terms, a fiduciary is someone entrusted with the care of another's property for the benefit of someone else. Trustees, personal representatives, guardians and conservators are all examples of types of fiduciaries.

Colorado law imposes numerous duties on fiduciaries and holds them to a very high standard of care. Essentially, fiduciaries must handle the entrusted property and decisions more carefully than they would handle their own affairs. They are offered many protections by the law, but in some situations may be held personally and, in extreme instances, criminally liable for their actions.

As an estate planning attorney, I have extensive experience guiding clients through estate planning and probate. I am intimately familiar with the intricacies of the law in this area. In fact, I also serve as a deputy public administrator for the 17th Judicial District (Adams and Broomfield counties, Colorado), which means the court appoints me to fill fiduciary roles such as conservator or personal representative when needed. This important public function and great responsibility demonstrate the extent of my solid grasp of fiduciary law.

Personal Client Service · Experienced Representation

At Tolison & Williams, Attorneys at Law, LLC, I provide representation in cases involving breach of fiduciary duty. As an Adams County area attorney, I have extensive experience advising fiduciaries in such cases. I understand the legal, day-to-day and personal demands imposed on fiduciaries firsthand and provide fiduciary clients with a valuable perspective.

Skilled legal guidance is essential for effectively navigating probate litigation. Please call my firm at 303-500-7706 or contact me online to arrange a consultation.

You can turn to me for personalized, accessible guidance. In fact, you will work directly with an attorney at each step of the case. I will be proactive in keeping you up to date with all the developments in your case.

Types Of Breaches

Just as there are numerous fiduciary duties, so, too, there are numerous grounds for alleging a breach of fiduciary duty.

Common grounds include:

  • Failing to provide required accountings
  • Failing to make required distributions
  • Failing to act impartially
  • Making imprudent investments
  • Appropriating funds or property for the fiduciary's personal gain

Allegations of a breach of fiduciary duty typically require litigation to resolve. Many parties may be involved, including heirs, creditors and beneficiaries. Likewise, many outcomes may be possible, from obtaining access to records or information to recovering funds or property.

In some cases, fiduciaries can be held personally liable for a breach of their duties or even face criminal liability. Colorado law provides that fiduciaries may be represented by legal counsel, and in some cases it may be required by the particular facts of a case. Given the complexity of these cases, it is important to involve an experienced attorney as soon as possible.

Contact A Brighton Attorney

I invite you to call me at 303-500-7706 to discuss your case with an experienced and compassionate lawyer. Please inquire about off-site visits and after-hours appointments if needed. I offer flexible payment options, and accept all major credit cards.


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