The term “fiduciary” includes a person or entity who serves as the personal representative of an estate, the trustee of a trust, or the guardian of a minor or incapacitated person. The law places a solemn obligation on a fiduciary to carry out a number of important duties with respect to the beneficiary or ward. Fiduciary litigation may be initiated when it is believed that a person or entity serving as a fiduciary has breached this duty.
Involvement in fiduciary litigation requires knowledge of the laws pertaining to probate, trusts, guardianship, and civil procedure. The expense of litigation in both time and money must be weighed against the damages incurred. As such, it is important to seek legal counsel before bringing claims or defending against claims.
Unfortunately, business transactions are not always carried out in the manner anticipated by all of the parties to the deal. For example, a covenant not to compete may be violated, a sales contract may be breached, or a debt may not be paid. When this occurs, the party who has been harmed may decide to take legal action. The party who initiates legal action might seek such remedies as money damages, specific performance, or an injunction. Before taking legal action, one should obtain advice from a qualified lawyer as to whether the merits of the case justify the time and expense of litigation. Likewise, it is generally in the best interest of the individual or entity that is the target of litigation to be represented by counsel in order to present the best defense possible.
A major focus at Capshaw Green is the research and practice of probate, trust, and business law.
Our firm can serve as a valuable part of a litigation team by providing support for litigation and defense in matters involving fiduciary and business law issues.