Yes. A fiduciary can be sued. You should consult with an attorney who specializes in litigation who can review your situation and the reason you think the fiduciary has violated their office. That is the only way you will know if you have a plausible cause of action.
Hamilton firm provides information online about Breach of Fiduciary Duty. There is also information regarding Fiduciary on Wikipedia. The probate will also be useful.
The fiduciary is the person with the authority to make deposits to and withdrawals from a fiduciary account. If the original fiduciary cannot act a new fiduciary must be appointed.
A fiduciary is one who owes a duty of good faith, trust, confidence and a high standard of care in managing the property and money of another. An executor or administrator of an estate is a fiduciary. Therefore an estate account is also called a fiduciary account. The short answer to your question is yes.
It is an adjective or a noun. A fiduciary (noun) is a person who acts in a fiduciary (adjective) capacity.
Conversion in the context of misappropriation of fiduciary monies refers to the unauthorized taking or use of funds that one party holds in trust for another. This act transforms the fiduciary's lawful control over the money into wrongful possession, effectively denying the rightful owner access to their funds. It constitutes a breach of the fiduciary duty, as the fiduciary has a legal obligation to manage the money in the best interest of the beneficiary. In legal terms, conversion can lead to civil liability for the fiduciary.
fiduciary and trustee
Typically, a fiduciary prudently takes care of money for another person. So a "fiduciary receipt" is a document that a person acting in capacity of a fiduciary for another person would get in order to allow an audit of the discharge of their duties - part of a fiduciary account.
fiduciary account -- a savings account, the funds of which are owned by one individual but administered for that individual's benefit by another individual, such as a legally appointed conservator, trustee, or agent.
Fidelity Fiduciary Bank was created in 1964.
" A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.[1] " A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin fides, meaning faith, and fiducia. When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd"[2] and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."[3]
The person appointed by the probate court is the "duly appointed fiduciary". No one has the authority to settle an estate until they have been duly appointed by the probate court.
Yes, a buyer can sue the listing agent if they believe the agent has breached their duties or acted negligently in the real estate transaction. Buyers may have legal grounds to sue for misrepresentation, failure to disclose information, or other violations of the agent's fiduciary duties. It is important for buyers to consult with a legal professional to determine the best course of action.