Fiduciary Duty Legal Questions and Answers

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How do I obtain access to electronic or digital assets of the deceased?

I was appointed as personal representative of my Fathers estate and need access to all of his electronic assets such as web site and other electronic media. How do I obtain access?

02/08/2017   |   Category: Fiduciary Duty   |   State: Florida   |   #31812

Can I Abandon Property of the Principal if I Am the Agent?

My brother has been assigned as the Care Taker Child because he was caring for our mother since 2006. This was to protect our mother's coop. My mother has been living in Medicaid facilities since this Care Taker Child exemption was submitted in 2009. She has been declared disabled by SSI and all monies goes to the Medicaid Facility where she currently resides. She owns no other...

06/15/2011   |   Category: Fiduciary Duty   |   State: New York   |   #25033

What Criminal Laws Applies to a Breach of Fiduciary Duty Under ERISA?

Which criminal codes should be cited to bring criminal charges involving Breach of Fiduciary Duty relating to pension plans and retiree medical plans? Involves federal governmental plans that in 2009 DOD required fiduciaries to follow title I of ERISA, reference DODI 1400.25-v1408 July 21, 2009 Enclosure 3 pp 17-18.

04/21/2011   |   Category: Fiduciary Duty   |   State: Texas   |   #24692

What Can We Do About a Business Partner Misusing Company Funds?

I own a rental property company and a construction company. My partners were my boyfriend and, until recently, his brother. The brother recently quit the business. Many of his recent actions have been questionable, however I believe he sees his actions as simply lying to his brother and I. Actions include the following:1) He purchased a truck that needed to be restored. He t...

04/02/2011   |   Category: Fiduciary Duty   |   State: Wisconsin   |   #24549

How Can I Sue LLC Members for Misusing Company Funds?

I am involved in a limited liability corporation under the name of Family Properties since 1990. There is gross negligence in the operation of this LLC. What can I do or whom can I speak with about this issue. I am a board member, but am the only board member who was never granted check signing privileges or copies of the bank statements. I highly suspect illegal activity and...

12/29/2010   |   Category: Fiduciary Duty   |   State: Louisiana   |   #23900

How Do I Defend a Claim of Breach of Fiduciary Duty?

How can I defend myself against a breach of fiduciary duty when the trust was set up for the benefit of my brother for the sole purpose of allowing him to receive inheritance without losing the ability to collect social security disability funds. He has Parkinson's disease but is in no way mentally handicapped and would tell me who to make the check out to and for how much. I...

09/04/2010   |   Category: Fiduciary Duty   |   State: California   |   #23102

Can an Agent in a Power of Attorney Commingle Funds?

Is an estate attorney representing my sister and myself in the Estate of our parents colluding when said atty talks with my sisters husband who is an atty and states that she has never seen a more serious case of abuse of the Power of Atty.? I was named as the POA by my Dad upon his death 3/28/07 to care for my Moms needs.For five years I have dedicated my life 24/7 to my Dad w...

06/28/2010   |   Category: Fiduciary Duty   |   State: Florida   |   #22498

How Can i Makle an Agent With a Power of Attorney Show Me Financial Records?

My mother-in-law is 90 years old. She appointed her son, my brother-in-law as her power of attorney. He has been her POA for at least 5 years. She has recently gone into a nursing home and my husband and I have asked the POA to keep us advised about her financial situation as well as her medical conditions (we are not in the same town) and he has refused to share information...

05/10/2010   |   Category: Fiduciary Duty   |   State: Florida   |   #22064

Does my sibling have right to see my late mother life insurance paperwork?

My mother passed away this year leaving a life insurance policy with myself only as beneficiary, she had no other assets and had lived with me for the past 7 years after my father died. He stated my mother did not want to go into a rest home and her monthly income of S & S should take care of her living with me, now my only other sibling is wanting to see all of my paperwork, d...

03/30/2010   |   Category: Fiduciary Duty   |   State: Minnesota   |   #21602

Can I Get in Trouble if My Wife is Embezzling Money into Our Joint Account?

Just curious.I have discovered that my wife, acting as the execute of her mother's estate, is taking money from the estate without informing her 3 brothers (ages 45, 39, and 35). Two of the brothers are married and one is an award to the state.My question is this, I discovered she has deposited this money (at least $15,000 recently) in an a joint account with my name it. Again...

11/15/2009   |   Category: Fiduciary Duty   |   State: Michigan   |   #19616
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