When someone is placed in a position of trust, they take on a legal and ethical responsibility to act in your best interests. When that trust is broken, the consequences can be both financially and emotionally damaging.
At Saavedra-Goodwin, we understand how upsetting and frustrating it can be to face a situation where someone you relied on has failed to uphold their responsibilities. Whether it’s mismanagement of assets, self-dealing, or neglecting important duties, a breach of fiduciary duty is a serious matter that deserves strong legal action.
Our experienced Fort Lauderdale fiduciary dispute lawyers are here to help you hold the responsible party accountable. We represent clients in a wide range of fiduciary disputes, from estate and trust litigation to business litigation. No matter how complex the issue, we will protect your interests and pursue the best resolution.
Contact our Fort Lauderdale fiduciary dispute lawyers at 954-767-6333 to request a consultation.
What Is a Fiduciary Duty?
A fiduciary duty is a legal responsibility to act in someone else’s best interests. When a person agrees to take care of another person’s finances, property, or legal matters, they become a fiduciary. That means they must act with honesty, loyalty, and care at all times.
Fiduciaries are not allowed to put their interests ahead of the person they’re serving. If they do, it may be considered a breach of fiduciary duty, and legal action can be taken.
Common Fiduciary Relationships
Fiduciary duties can arise in many different relationships. Some of the most common include:
Trustees and Beneficiaries
A trustee manages assets in a trust for the benefit of someone else—the beneficiary. The trustee must handle the trust property responsibly, keep accurate records, and act in the best interests of the beneficiary at all times.
Executors and Heirs
An executor is the person responsible for carrying out the terms of a will. They have a fiduciary duty to the heirs or beneficiaries of the estate. That means they must distribute the assets fairly, pay any debts, and avoid any actions that could harm the estate or its rightful heirs.
Business Partners or Corporate Officers and Shareholders
Partners, corporate officers, and directors owe fiduciary duties to each other and the shareholders. They must operate the business ethically, avoid conflicts of interest, and always put the company’s and shareholders’ best interests ahead of their gain.
Common Issues That Lead to Fiduciary Disputes
One common reason for a fiduciary dispute is mismanagement of assets. This often happens when a trustee, executor, or financial advisor makes risky or unauthorized financial decisions, fails to keep proper records, or does not adhere to the terms of a trust or estate plan. Even small mistakes can have significant ripple effects—especially when large sums of money or valuable property are involved.
Conflicts of interest are another major source of fiduciary tension. A fiduciary is legally required to act solely in the best interests of the person or entity they serve. When they mix personal gain with professional duty, they cross a line that often leads to legal conflict. Even the appearance of a conflict can create friction, which is why full transparency is crucial in any fiduciary relationship.
Failure to disclose information is also a problem. Fiduciaries must keep beneficiaries fully informed about financial matters, asset status, and any decisions that could impact their interests.
When communication breaks down—or worse, when information is deliberately withheld—it can breed suspicion and mistrust, ultimately escalating into legal action. In some cases, fiduciary disputes stem from undue influence or coercion, especially in situations involving aging individuals or those with diminished capacity.
Finally, a fiduciary who uses their position to manipulate decisions for their benefit can face serious legal consequences. These cases are sensitive and often involve challenging family dynamics or long-standing business relationships.
What Constitutes a Breach of Fiduciary Duty?
A breach of fiduciary duty occurs when a person entrusted with managing someone else’s assets, interests, or affairs fails to act in good faith, loyalty, or honesty. Fiduciaries are legally and ethically bound to prioritize the interests of those they serve above their own.
When that trust is broken, it can lead to serious financial harm, emotional distress, and long-term consequences. At Saavedra-Goodwin, we help clients in Fort Lauderdale hold fiduciaries accountable when they violate their duties.
Common examples of breaches of fiduciary duty include:
Misuse of Funds or Assets
When a fiduciary improperly handles, spends, transfers, or invests assets entrusted to their care, they commit a serious breach. This misconduct can include outright theft, unauthorized loans, inappropriate investments, or using entrusted assets for their benefit rather than for the beneficiary’s interests.
Conflict of Interest or Self-Dealing
Conflicts of interest occur when fiduciaries prioritize their personal or financial interests over those of the beneficiary. Examples include transactions benefiting the fiduciary personally, engaging in business dealings without disclosure, or favoring their interests over their client’s welfare.
Neglect or Incompetence in Fiduciary Responsibilities
Fiduciaries must perform their duties with care, diligence, and skill. Neglect or incompetence constitutes a significant breach. Even unintentional neglect can result in substantial harm or losses.
Lack of Transparency or Failure to Provide Accounting
Transparency is essential in fiduciary relationships. Beneficiaries have a legal right to clear, timely, and accurate accounting of how their funds or assets are being managed. Fiduciaries who fail to maintain proper records, refuse to provide adequate information, or hide financial activities breach their duty, raising suspicion and damaging trust.
Why Choose Saavedra-Goodwin?
Our team brings decades of experience handling complex fiduciary matters. When a breach of fiduciary duty occurs, whether through negligence, misconduct, or dishonesty, we respond swiftly and strategically.
Our breach of duty lawyers investigate every detail, gathering critical evidence, and crafting legal strategies designed to hold fiduciaries accountable and restore your peace of mind.
We have a hands-on approach to every case. From the moment you contact us, we take the time to truly understand your story—what happened, who was involved, and how it has impacted your life.
Our commitment to excellence is reflected in our methodical preparation and pursuit of our clients’ best interests. Whether negotiating outside the courtroom or advocating at trial, we leverage our in-depth knowledge and strategic acumen to your advantage.
Our attorneys are seasoned negotiators and litigators who use their expertise to identify key issues, anticipate challenges, and craft winning strategies tailored to each client’s unique situation.
How Saavedra-Goodwin Can Help
When you come to us with a fiduciary dispute, we understand you’re not just dealing with legal issues — you’re dealing with a breach of trust. Our team brings decades of experience handling complex fiduciary disputes in Fort Lauderdale.
Here is how we can help with your case.
- We Investigate and Build Your Case: Our team investigates the facts surrounding your fiduciary dispute. By closely examining documents, financial records, communications, and other evidence, we identify breaches of duty, misconduct, or violations of trust.
- Recovering Your Losses: We know how important it is to recover what’s rightfully yours. Our fiduciary dispute attorneys work to help you recoup financial losses and seek appropriate compensation for harm caused by breaches of duty. We strive not only to achieve a favorable result but also to help restore your peace of mind.
- Skilled Negotiation: Many fiduciary disputes can be resolved outside of court, which can save time, money, and stress. Our skilled negotiators try to secure the best possible outcome for you through mediation or arbitration.
- Aggressive Litigation: If negotiation does not result in a satisfactory resolution, our litigators are prepared to advocate for you in court. We have a strong track record of litigating fiduciary disputes and are not afraid to take a case to trial if it means protecting your rights and interests. Our attorneys are well-versed in the complexities of fiduciary law and will employ their courtroom experience to fight for the justice you deserve.
Contact a Fort Lauderdale Fiduciary Dispute Lawyer Today
Our Fort Lauderdale fiduciary dispute lawyers are here to help you make sense of a difficult situation. We bring decades of experience to every case and know how to navigate the complexities of fiduciary relationships. Our goal is simple: to protect your rights and hold wrongdoers accountable.
If you suspect a breach of fiduciary duty, contact our Fort Lauderdale fiduciary dispute lawyer at Saavedra-Goodwin at 954-767-6333.
Glen M. Lindsay
Glen M. Lindsay, a Houston native and partner at Saavedra-Goodwin, holds a B.S. in Communication Studies and Philosophy from Northwestern University and a joint JD/MBA in Finance from the University of Miami. A Super Lawyers honoree, Glen specializes in business, regulatory, and real estate litigation, focusing on fraud, deceptive practices, and regulatory compliance. He joined Saavedra-Goodwin in 2016. [ ATTORNEY BIO ]
Saavedra-Goodwin has been my family attorney for over 35 years. They have been personable, knowledgeable, ethical and balanced with any legal advice. I would enthusiastically recommend them for legal work from real estate to family law.. - J. Pasalodos
I have worked with this law firm for 17 years on several business matters. They have a great team of attorneys and a fantastic support staff. I always felt secure with this firm handling my legal needs. They never missed a beat. I won't use any other firm for my legal needs in south Florida. - D. Mitchell
My experience with the team at Saavedra-Goodwin was outstanding. They handled our situation with the utmost professionalism and care. Their proactive approach saved me time and money. I highly recommend Saavedra-Goodwin to anyone seeking legal services in family and estate planning matters. - L. Reda
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