The term "fiduciary" as defined by the Maryland Rules of Procedure includes a trustee acting under a deed, will, declaration of trust or other instrument in the nature of a trust or a trustee appointed by the court. A fiduciary relationship exists when one party is under a duty to act or give advice for the benefit of another. A confidential relationship often arises under the same circumstances as a fiduciary relationship. One who breaches his or her fiduciary duty or confidential relationship may be liable under various causes of action to those harmed by that breach. A trust is a fiduciary relationship with respect to property, requiring the trustee to deal with the property and act for the sole benefit of those persons for whom the trust was created.
If a fiduciary, including a personal representative named in a Last Will and Testament, is engaged in self-dealing or other wrongful conduct which harms the beneficiaries or wastes trust assets, you should contact the Law Offices of Stephen J. Nolan to determine your legal rights and options.
The Need for a Maryland Lawyer for Breach of Fiduciary Duty Issues
Stephen J. Nolan has handled many cases involving a breach of fiduciary duty for clients who have contacted us directly and we have also acted as litigation co-counsel with attorneys who draft wills and trusts or administer estates, but do not go to court themselves.
Like most other states, Maryland has different statutes of limitations that apply to civil lawsuits. For example, in cases alleging fraudulent conduct or a breach of a confidential or fiduciary relationship, Maryland's three-year statute of limitations begins to run from the date the claimant discovered the fraud or breach, or discovered facts which would cause a reasonable person using due diligence to make a further investigation, whichever date is shorter. Therefore, significant errors in the administration of a trust or the estate of a loved one, undue influence, fraud or improper construction of a will are all estate issues that should be addressed immediately by a Baltimore estates and trust lawyer.
We have also defended trustees and personal representatives who have been the subject of frivolous actions by disgruntled heirs. As a past President of the Baltimore County Bar Association, Stephen J. Nolan is well-respected by his colleagues and in 1989, he earned the prestigious AV® peer review rating from Martindale-Hubbell for his legal ability and ethical standards. It is because of his reputation for hard work and successful results that many law firms in and outside of Maryland regularly refer their clients to him for specific cases
To arrange a confidential meeting with Steve Nolan, at no cost or obligation, contact us. During this confidential appointment, we take time to evaluate the circumstances and explain how the law may apply to your situation, so you can be fully informed when making decisions about your next steps.
There are many other estate litigation issues that we can help resolve, including:
- Will contests
- Claims of fraud, undue influence or malfeasance
- Actions to recover wasted assets
- Challenges to the distribution of assets
- Disputes regarding the valuation of assets
- Actions to remove trustees, personal representatives or others who have breached their duty of loyalty to the beneficiaries or wasted assets
- Defense of trustees and estate administrators who have been wrongly accused
Dedicated to excellence, discretion and personal client service
For more than 25 years, the founder of our firm, Stephen J. Nolan, has been helping people throughout Maryland with a wide range of legal problems.
The Law Offices of Stephen J. Nolan is not a "volume" law firm. We are selective about the cases we take to ensure that we deliver on the promises we make — to provide our clients with personal, one-on-one service and ongoing communication about their cases.
We look forward to the opportunity to meet with you and discuss the circumstances of your legal issue.
