Breach of Fiduciary Duty

A personal representative, a trustee, and an attorney-in-fact under a power of attorney are fiduciaries. This means that the individuals are required to care for and protect the estate, Trust, and principal's assets. A breach of fiduciary duty occurs when a personal representative, trustee, or attorney-in-fact fails to protect the assets, uses the assets for their personal gain, or fails to disburse the estate or Trust's assets according to the Will/Trust or as required by law.