{"id":1210,"date":"2022-06-20T07:18:36","date_gmt":"2022-06-20T07:18:36","guid":{"rendered":"https:\/\/chargoisharper.com\/?page_id=1210"},"modified":"2023-05-02T05:58:43","modified_gmt":"2023-05-02T05:58:43","slug":"breach-of-fiduciary-duty","status":"publish","type":"page","link":"https:\/\/chargoisharper.com\/estate-probate-law\/probate\/breach-of-fiduciary-duty\/","title":{"rendered":"Breach of Fiduciary Duty"},"content":{"rendered":"
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Houston Attorney for Breach of Fiduciary Duty<\/div>\n
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Fiduciary duty has a greater level of care than any other legal relationship. It involves one person putting their faith in another to handle their money, property, or well-being. As a result, a breach of fiduciary obligation is a serious offense.<\/p>\n

Chargois Harper’s seasoned and professional probate litigation attorney<\/a> understands the gravity of a fiduciary’s duty. We recognize how serious a violation of that obligation is. If you or your company has been affected as a result of a breach of fiduciary duty, we will fight for you and help you get the compensation you deserve.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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What is a Breach of Fiduciary Duty?<\/div>\n
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Any action made by the fiduciary that affects the client is not in the best interest of the client, or simply benefits the fiduciary is considered a violation of fiduciary responsibility. A breach of duty can also occur if the fiduciary fails to disclose important information to the client.<\/p>\n

A CEO of a firm, for example, may complete a deal to buy a faltering company owned by a buddy. The purchase affected the corporation’s share price since the acquired firm was suffering.<\/p>\n

This might be considered a breach of fiduciary duty since the CEO, as fiduciary, acts in their personal best interests rather than that of the corporation’s shareholders.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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What Are the Elements of Breach of Fiduciary Duty?<\/div>\n
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You must establish all of the following by a preponderance of the evidence to recover against a defendant for a claim of breach of fiduciary duty:<\/p>\n

Fiduciary Duty<\/h3>\n

The presence of a fiduciary relationship is required in Texas to demonstrate the breach of fiduciary duty elements. When an individual (fiduciary) is entrusted to advise or act primarily for the benefit of or in the interests of another individual, a fiduciary relationship exists. Furthermore, the fiduciary must be legally empowered to act. Contractual authority is the most common method of establishing authority.<\/p>\n

A fiduciary must behave in good faith and with loyalty, regardless of personal motivations. The following are examples of fiduciary relationships recognized by Texas courts:<\/p>\n