Defending and Initiating Fiduciary Litigation in Minnesota
A fiduciary is a position of trust. In the context of trusts and estate, a fiduciary is the person who acts on behalf of the estate and includes personal representatives, guardians and trustees. Fiduciaries in these positions can be challenged and can be subject to removal proceedings.
Experienced Litigators
At the St. Paul, Minnesota, law firm of Rodney J. Mason, Ltd., the attorneys both defend fiduciaries against removal proceedings and help clients initiate removal proceedings. With nearly 30 years of experience, Mr. Mason is able to quickly identify the issues involved and advise clients on their likelihood of success.
The firm has been involved in fiduciary litigation to remove executors or trustees for the following reasons:
- Failure to carry out duties of a conservator
- Breach of fiduciary duty or responsibility
- Imprudent investments
- Self-dealing
- Excessive administrative fees
- Failing to share information with beneficiaries
- Misuse of funds
- Failure to insure property and other negligence
- Favoring one class of beneficiaries over another
- Failure to timely pay disbursements
- Failure to properly manage a business
- Failure to properly interpret a trust
Although many of these disputes may be avoided through proper planning, in other instances it is impossible to head them off and lawsuits involving fiduciaries may even be vital to the ongoing health of the estate. If a personal representative or trustee has truly breached his or her fiduciary duty, it is important to try the matter in court.
Clients in Removal Proceedings
The firm has represented executors, trustees, conservators, trustees and beneficiaries in matters involving removal of fiduciaries. The attorneys have also acted for co-fiduciaries, in which one person seeks the removal of another for breach of fiduciary duty.
Contact Us
To learn more about fiduciary litigation, contact Rodney J. Mason, Ltd. The firm's lawyers serve clients in the Minneapolis-St. Paul area and beyond. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment. Spanish- and German-speaking clients are encouraged to call.
