Advising Fiduciaries & Beneficiaries

A Reliable Resource for Fiduciaries 

Being named a trustee or executor can be seen as an honor, however, actually serving as a fiduciary is often a burden given all the responsibilities involved and the potential liability. We have represented many fiduciaries and have also served in these roles ourselves, so we understand the challenges a fiduciary  faces and what counsel they need to serve with confidence. We work with fiduciaries to help them establish best practices and implement a consistent set of practical protocols to ensure proper administration. 

Even with the best of intentions and efforts by fiduciaries, they can face threats of liability from beneficiaries or creditors. We help fiduciaries understand their potential exposure and how to insulate themselves from liability. If a beneficiary or creditor ultimately pursues a claim, we are able to provide sound counsel and a vigorous defense to protect the fiduciary's liability and the wishes of the person who established the structure being challenged.

We have also been found to be a valuable resource by fiduciaries by advising them as to opportunities to revamp the structures they are responsible for. By having a firm grasp on changes to both tax and state laws governing administration, we are able to proactively identify opportunities that will benefit all parties and keep the structure from becoming antiquated.

Protecting Beneficiaries' Rights 

When an individual discovers that they are a beneficiary of a trust or an estate, that person naturally has questions—what information am I entitled to, how do I know the fiduciary is behaving appropriately, do I have any say in how the property is being managed? We have worked with many beneficiaries to help provide this clarity to their respective unique situation.  In many cases we are able to quickly provide the beneficiary clarity and in turn peace of mind. In situations where a fiduciary is blocking access to information or otherwise not fulfilling the duties of the position, we stand ready to protect the beneficiary's interests. We take a tactical and tactful approach to ensure the relationship between fiduciary and beneficiary does not unnecessarily become adversarial while at the same time being uncompromising in ensuring the beneficiary receives the information and property they are entitled to.   

How to Learn More

We encourage you to check out other pages on our website to learn more about the team at Dungey Dougherty PLLC and particulars on trust and estate planning and administration for high net worth families. We will also post under the Alerts page from time to time with relevant developments in the field.

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