Grab a cup of coffee.  Let's talk about Fiduciary Litigation. Many may think why do I need to know about this?  But read on, because as life goes on and people marry, and relatives die, one of these situations could happen in your family. When someone you love passes away or can no longer manage their own affairs, a trusted person usually steps in to handle the money, the property, and the paperwork. Most of the time, that person does the job with care. Sometimes, though, things go wrong. Updates stop coming, assets seem to vanish, or one family member appears to be benefiting at everyone else's expense. 

That is where fiduciary litigation comes in.

Entity administration lawyer Maryland at the Law Firm of Brian Gormley LLC, we help families across Maryland understand their rights when a fiduciary falls short. Here is what you should know.

What Is Fiduciary Litigation?

Real estate planning attorney Maryland Many don't know this until they actually need to go through it. A fiduciary is someone with a legal duty to act in another person's best interest. In Maryland, common fiduciaries include:

• Personal representatives (often called executors) of an estate
• Trustees managing a trust
• Agents acting under a power of attorney
• Guardians of a minor or a disabled adult

Fiduciary litigation is the legal process used to hold these people accountable when they fail in their duties, or to defend them when they are wrongly accused. Depending on the issue, these cases may be heard in the Orphans' Court or the Circuit Court. This is why engaging with a knowledgeable attorney truly helps. 

Why Marylanders Should Pay Attention

Whether you live in Bethesda, Rockville, Potomac, Chevy Chase, Silver Spring, or Annapolis, or anywhere in Howard County or Anne Arundel County, families here often hold significant assets. Homes, retirement accounts, family businesses, and investment portfolios can all pass through an estate or trust. When that much is at stake, the risk of mismanagement and conflict grows among family members. 

Families are also more spread out than ever. A sibling in Columbia may be serving as trustee while the other beneficiaries live in Annapolis or out of state. Distance makes it easy for problems to go unnoticed until real damage is done. This is when legal situations pop-up. 

Warning Signs of a Problem

Pay attention if you notice any of the following:

• No accounting or updates, even after repeated requests
• Unexplained withdrawals, transfers, or missing assets
• The fiduciary using estate or trust property for personal benefit
• Real estate sold below market value or to a friend or relative
• Long, unexplained delays in distributing assets
• A will, trust, or power of attorney that changed suddenly near the end of someone's life
• Pressure on an elderly parent from a caregiver or new acquaintance

Common Claims in Fiduciary Disputes in Maryland 

• Breach of fiduciary duty
• Self-dealing and conflicts of interest
• Failure to account
• Undue influence or lack of capacity
• Removal of a personal representative or trustee
• Recovery of misused or stolen funds

When to Call a Maryland Licensed Attorney

The short answer is sooner than you think. Maryland law sets deadlines for challenging a will, filing claims against an estate, and objecting to a fiduciary's accounting. Some of these windows are surprisingly short, and once they close, your options may close with them.

Consider reaching out to a lawyer if:

• You suspect a fiduciary is hiding information or mishandling money
• You have been named a fiduciary and someone is threatening to sue you
• You believe a loved one was pressured into changing their estate plan
• You simply have questions and want to understand where you stand

An early conversation does not mean you are heading straight to court. Many disputes are resolved through a demand letter, negotiation, or mediation. Getting good advice early keeps those doors open.

How We Can Help

The Law Firm of Brian Gormley LLC represents beneficiaries, heirs, and fiduciaries throughout Montgomery County, Howard County, Anne Arundel County, and the surrounding area. We take the time to listen, explain your options in plain English or Spanish, and pursue the outcome that protects you and your family.

If something about an estate, trust, or power of attorney does not feel right, trust that instinct. Visit our website to schedule a consultation.

This post is for general information only and is not legal advice. Reading it does not create an attorney client relationship.