Legal Articles

Common Law Fiduciary Duties

Trustees, personal representatives, attorneys-in-fact, corporate directors, limited liability company managers, etc. owe fiduciary duties. Generally speaking, a fiduciary duty is where one person has a legal obligation to act in another’s interests. Whether a fiduciary duty exists is a question of law, while breach of fiduciary duty is usually a question of fact. Scanwell Freight…

Constructive Trust: Unjust Enrichment and Breach of Fiduciary Duty

A constructive trust is an equitable device to “remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence of faith reposed in another.” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. 2008).  It may also provide a remedy…

Powers of Attorney, Dealings with Third Persons

While powers of attorney are useful tools to allow one person (the attorney-in-fact) to act another person’s behalf (the principal), third-parties are sometimes distrustful of a power of attorney. A power of attorney is relatively easy to create. There are many forms online, including from state bar associations, that seemingly anyone can print and use….

Virtual Representation, Trust Disputes, Beneficiaries

Many types of trust litigation claims, including most breach of trust claims (e.g., breach of fiduciary duty) against a trustee and trust contests, require that all qualified beneficiaries to the trust be joined as parties. The reasoning is that if the Court is adjudicating a trust in which someone has an interest in, that person…

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