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Fiduciary Duty

& Misappropriation

A fiduciary is a person who has the legal and ethical obligation to take care of money, property and other assets for another person(s). A fiduciary is expected to have the highest degree of integrity and loyalty taking care of the entrusted assets. A fiduciary has the responsibility to also assert and defend any fiduciary claims.


Gantenbein Law Firm fiduciary representation attorneys have the experience and knowledge to manage claims that can arise within a fiduciary matter. We will put the fiduciary in the best possible position and provide guidance to avoid any claims or litigation that may occur. Our attorneys also represent heirs who may feel they were unfairly omitted from a loved one’s estate and beneficiaries who believe the trust is being mismanaged, assets were used for personal gain, assets were sold off without approval, misappropriation of assets or that a fiduciary has breached their fiduciary duties.


We represent clients in a variety of trust-related matters such as the creation of a trust, the validity of a trust, management of a trust and the accounting of a trust. Our qualified attorneys are experienced with other trust matters such as: not keeping beneficiaries informed, issues involving investments that are part of the trust and disagreements that arise regarding the management of a family-owned business.  


We are very attuned to the difficulties, the emotional and sometimes tempestuous conflicts that can develop when asserting the rights and defense of a fiduciary, to the removal of a fiduciary. We are committed to giving objective advice and obtaining results as swiftly as possible. We are also committed to using our skills to find constructive and practical solutions to minimized expensive litigation.


Our elder law attorneys are accomplished and proficient in: defending personal representatives and trustees against unhappy heirs and creditors, removing personal representatives who have misappropriated estate funds for their own use, pursuing changes and challenges to wills, obtaining court approvals for matters and transactions, obtaining court declarations of the duties of a trustee and the rights of the beneficiaries, defending against accusations of undue influence or assets believed to have been taken from the deceased controls during their lifetimes, fraud, coercion, duress and lack of capacity.


We have the understanding and unique prospective in both counseling clients in the drafting and preparing of their wills and trusts to defending any objections that may arise regarding fiduciary issues. Our vast experience in the administration of estates and trusts and our commitment to our clients for comprehensiveness and efficiency is second to none.


If you believe your loved one has been unduly influenced or taken advantage of by a guardian, or have concerns regarding a breach of fiduciary duty, you should speak with one of our attorneys to fully understand what legal options may be available to you.



If you have an elder law, or wills and trust, issue invlving appointing a fiduciary, or fiduciary misappropriation, contact our attorneys at 303-618-2122.

A fiduciary has a legal duty to properly manage finances and assets in good faith and trust. 

Gantenbein Law Firm's attorneys can legally assist with choosing the proper fiduciary for the estate, defending a proper fiduciary, or stopping fiduciary misappropriation.

To schedule a consult of your case, call 303-618-2122.

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