Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Pursuing justice for financial abuse by fiduciaries

On Behalf of | Dec 28, 2023 | blog, property division | 0 comments

Trust is the cornerstone of financial relationships. Discovering that a fiduciary betrayed that trust can be shocking and devastating.

When facing this situation, it is crucial to hold these individuals accountable.

Recognizing the signs

Probate cases are particularly susceptible to financial abuse. The complexities of estate settlements provide ample opportunities for trustees to exploit their positions. Financial abuse by fiduciaries can take various forms, such as:

  • Mismanagement of funds
  • Embezzlement
  • Unauthorized transactions

Knowing the warning signs, like unexplained account discrepancies or sudden changes in financial behavior, empowers you to identify potential abuse early on.

Building a solid case

To pursue justice, you need a strong case supported by evidence. Start by collecting all relevant financial documents, statements and communication records related to the probate estate. Detailed records of transactions, account statements and written correspondence can be crucial in establishing wrongdoing.

Financial power of attorney

A power of attorney can prevent financial abuse by giving a trusted individual the authority to monitor the principal’s finances and make decisions. According to a survey by Caring.com, only 48% of older Americans have designated a financial power of attorney. However, it is not a foolproof solution. A power of attorney may use their position of trust to exploit the finances for their gain.

Taking legal action

Initiating legal proceedings against the dishonest trustee is a powerful way to reclaim what is rightfully yours. Consult with professionals specializing in financial disputes to guide you through the process.

Probate proceedings can seem daunting, but understanding the basic steps can ease your mind. Filing a complaint, presenting evidence and participating in hearings are integral parts of the process. Be persistent and stay engaged to ensure your case receives the attention it deserves.

Recovering your losses

One of the primary goals of legal action is securing restitution for your financial losses. The court may order the fiduciary to repay the misappropriated funds, helping you regain control of your economic well-being.

It is important to safeguard your financial well-being. Reclaiming what is yours also contributes to a more trustworthy financial system for everyone.

FindLaw Network
Photo of Kenneth L. Gibson Jr.