Fallible Fiduciaries

Five recent cases highlight how fiduciary conduct can depart from the appropriate standard of care. Three involve professional fiduciaries, while two show the sad, but familiar, problems that can erupt when siblings act as fiduciaries for one another. Another sheds light on the murky and evolving area of the potential duty owed to beneficiaries by the fiduciary's attorney. State courts have been deeply

Five recent cases highlight how fiduciary conduct can depart from the appropriate standard of care. Three involve professional fiduciaries, while two show the sad, but familiar, problems that can erupt when siblings act as fiduciaries for one another. Another sheds light on the murky and evolving area of the potential duty owed to beneficiaries by the fiduciary's attorney. State courts have been deeply divided on this issue, with some finding an attorney/client relationship, others not

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