Fiduciaries, including personal representatives, trustees, guardians of the property, and agents under powers of attorney, are entrusted with significant authority over another person's finances, property, or personal well-being. When that authority is abused, the consequences can be devastating. Our fiduciary litigation attorneys represent individuals and families seeking to enforce fiduciary obligations, recover misappropriated assets, and remove fiduciaries who have breached their duties.
Fiduciary Misconduct and Breach of Duty
Personal representatives, trustees, and guardians owe strict fiduciary duties of loyalty, prudence, and transparency. Violations may include self-dealing, mismanagement, failure to account, favoritism, unreasonable delay, and theft.
Our attorneys pursue and defend fiduciary misconduct claims, seeking removal, surcharge, denial of compensation, court supervision, and asset recovery when appropriate.
Financial Exploitation and Elder Abuse
Many Maryland fiduciary disputes involve allegations of financial exploitation, elder abuse, and misuse of powers of attorney. Caregivers, beneficiaries, or fiduciaries may improperly obtain assets through deception, intimidation, or abuse of trust.
These matters frequently give rise to claims under Maryland's SAFE Act and intersect with adult guardianship proceedings. Our firm regularly handles overlapping probate, guardianship, and financial exploitation litigation, providing coordinated representation to protect vulnerable adults and estate property.
Guardianship Disputes
Contested guardianship proceedings often raise fiduciary issues, particularly when a guardian of the property is accused of mismanaging funds, failing to account, or making self-interested decisions. We represent interested persons, family members, and proposed guardians in contested guardianship matters, including petitions for removal, modification, or appointment.
Our guardianship practice works closely with our fiduciary litigation team to ensure comprehensive representation when disputes span both guardianship and estate proceedings.
Power of Attorney Disputes
Agents acting under a power of attorney hold broad authority that can be easily abused. We handle disputes involving agents who have exceeded their authority, acted in their own interest, failed to keep proper records, or made unauthorized transfers. Maryland law provides remedies including accounting actions, injunctions, and damages for breach of fiduciary duty by an agent.
Trustee Removal and Accounting Actions
When a trustee fails to administer a trust properly, beneficiaries may seek court intervention. We represent beneficiaries in actions to compel accountings, remove trustees, and recover trust assets that have been mismanaged or misappropriated. We also defend trustees against unfounded claims of misconduct.
The Fiduciary Litigation Process
Fiduciary litigation typically begins with a thorough investigation of financial records, accountings, and the fiduciary's conduct. Discovery may involve depositions, subpoenas, forensic accounting, and expert evaluations. Cases may be resolved through negotiated settlement or mediation, but many require trial before the Orphans' Court or Circuit Court.
Our firm prepares every matter with trial readiness in mind, ensuring clients are positioned for favorable resolution at every stage.
Related Estate Disputes
Fiduciary litigation often arises alongside broader estate disputes, including will contests, trust litigation, and inheritance conflicts. Our attorneys provide coordinated representation across all aspects of estate and fiduciary litigation to protect our clients' interests comprehensively.
Our Fiduciary Litigation Services
At Leffler, Bayoumi & Oliver, LLC, we represent clients in all aspects of fiduciary litigation, including breach of duty claims, fiduciary removal proceedings, financial exploitation cases, guardianship disputes, power of attorney disputes, accounting enforcement, and asset recovery actions.
We work to hold fiduciaries accountable while protecting our clients' rights and financial security. Contact our office to speak with an experienced Maryland fiduciary litigation attorney.
