What is a Breach of Fiduciary Duty?

A recent Nevada law expanded the fiduciary duties of financial professionals. In Nevada, financial planners, trustees, investment advisors, and other professionals must make disclosures to their clients about fees, insurance, investments and other actions. Fiduciaries must put their client’s interests ahead of their own interests.

What is a Nevada Undue Influence Claim?

People, especially the elderly, are often vulnerable to undue influence when creating a will or trust or making other estate planning decisions. When a court determines that undue influence was a factor in the terms of a document, the claim may be filed.

Early Termination of a Nevada Trust

Trust documents usually describe specific terms and circumstances for when trusts terminate. Nevada law specifies that interested parties (e.g., trustees or beneficiaries) may ask a Nevada probate court to terminate a trust if continuing the trust is no longer feasible or economical.

Defending a Lawsuit as a Nevada Trustee

Unless you are both the trustee and sole beneficiary of a trust, being a trustee can be a very difficult and thankless job. Trustees have a responsibility to follow the terms of the trust and protect the interests of the beneficiaries. But, beneficiaries, co-trustees, or creditors may contest your actions as trustee because they feel you did not fulfill your obligations.

Forcing a Trust Distribution in Nevada

The terms of distribution for a trust are outlined in the trust agreement (the document that governs the trust). Each type of trust has its own requirements for distributing funds. The trustees have a fiduciary duty requiring them to follow the distribution scheme in the trust agreement.