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Fiduciary Duty

Probate & Legal

A legal obligation to act in another person's best interest, required of trustees, personal representatives, and financial advisors.

Fiduciary duty is the highest standard of care recognized in law. Someone with a fiduciary duty to you must act in your best interest, not their own. They must be loyal, transparent, and prudent in their decisions.

Who Owes Fiduciary Duties in Estate Planning

  • Trustees: Must manage trust assets for the benefit of beneficiaries, not themselves
  • Personal representatives: Must settle the estate honestly and efficiently
  • Agents under power of attorney: Must use their authority for the principal's benefit, not personal gain
  • Financial advisors (fee-only): Registered Investment Advisors owe fiduciary duties to clients. Commission-based brokers generally do not.

What Fiduciary Duty Requires

A fiduciary must show loyalty (putting your interests first) and care (making informed, prudent decisions). They must also show transparency (keeping you informed and maintaining accurate records). Violating fiduciary duty can lead to personal liability, removal, and legal action.

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