NC Fiduciary Litigation Commentary

Lord & Lindley - Lawyers in Charlotte NC

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. …

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…

Seven Rules for Being an Attorney-In-Fact

September 7, 2016

          Your aging parents just appointed you as their attorney-in-fact– now what? It is important to keep in mind a few simple rules to stay within the bounds of the law.   Rule #1: Act in the principal’s best interests.             The principal is the person…

Eight Questions and Answers About Fiduciary Litigation

July 13, 2016

What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.  …

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