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Lord & Lindley - Lawyers in Charlotte NC

Twelve Causes of Action That May Accompany a Breach of Fiduciary Duty Claim

January 10, 2017

       Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case.  Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients:…

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Breach of Fiduciary Duty vs. Constructive Fraud – Which Claim Do You Have?

December 21, 2016

Breach of Fiduciary Duty:               A fiduciary is an individual or corporation to whom property or power is entrusted for the benefit of another.  Fiduciaries must prudently care for any such assets, and may also have a number of additional duties, depending on the nature of their fiduciary relationship. …

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Breach of Trustees’ Fiduciary Duty – Part 4: Duty to Delegate

December 15, 2016

At common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves.  However, our current financial system’s increasing complexity makes it unreasonable for many trustees to manage trust assets on their own.  The opportunities for investments are endless, and the sophistication of even basic financial instruments has increased since the creation…

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Breach of Trustees’ Fiduciary Duty – Part 3: Duty to Administer Trusts Prudently and Duty to Inform, Report, and Maintain Adequate Records

December 7, 2016

          In Part 2 of this series, we examined trustees’ duties of loyalty and impartiality.  This post will examine the duty to administer trusts prudently and Part 4 will discuss the duty to delegate – or not delegate – in more depth.  The duty to administer trusts involves the basic values…

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Breach of Trustees’ Fiduciary Duty – Part 2: Duty of Loyalty & Duty of Impartiality

November 16, 2016

          As we’ve mentioned in part 1 of this series, trustees are fiduciaries and, as such, trustees owe a variety of fiduciary duties to multiple parties.  These obligations include both the duty of loyalty and duty of impartiality, which we will discuss this week.  To prove a trustee breached of one…

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Breach of Trustees’ Fiduciary Duty – Part 1: General Considerations

November 10, 2016

          This is the first of a four-part series examining trustee’s fiduciary duties and the circumstances that could result in litigation.  To begin, we will discuss basic principles that will lay a groundwork to inform our larger discussion.     What is a Trust and a Trustee?[1]        …

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Five Questions About Construction Liens

November 2, 2016

          Whether you are a home owner in the midst of a kitchen renovation, a business owner considering an office expansion, or otherwise involved in a construction project, it is important to understand who gets paid and when.  By doing so, you may avoid a construction lien being placed on your…

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Haunted House Law & the Duty to Disclose

October 26, 2016

          It’s a tale as old as time: newlyweds visit an open house.  They fall in love with the ancient ivied walls and quaint secret passageways, only to learn that a gruesome murder took place in the house years before and now the halls are haunted by a poltergeist that won’t…

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Changing Domicile: How Mental Capacity Factors In

October 19, 2016

            Domicile is a relatively straight forward legal concept that combines the place where a person permanently resides with where he intends to remain.  However, what happens when a person who has been adjudicated incompetent desires to permanently move. Can he possess the requisite intent to change his domicile in…

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Text Messages Can Be Writings for Statute of Frauds Purposes

October 12, 2016

                The statute of frauds is a legal principal that requires certain contracts to be in writing in order to enforce them.  It is traditionally reserved for contracts involving important or expensive subject matter, such as the sale of land, contracts for marriage, or the sale of goods totaling more than $500.  In these instances,…

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