The role of a fiduciary is often difficult to define in practice, and many trust, estate, and probate disputes turn on how fiduciary duties are interpreted and applied to specific facts. Attorneys representing trustees, executors, beneficiaries, family members, and other fiduciaries retain Esoteric Advisors for independent opinions on fiduciary conduct, trust and estate administration, and the management of assets held in fiduciary structures.
How we help
- Analyze trust and estate administration, accountings, distributions, and communications with beneficiaries.
- Evaluate contested actions by individual, professional, and corporate trustees and executors under applicable fiduciary standards of care.
- Review portfolios and all trust or estate assets, including real estate and closely held or non-traditional assets, for suitability, diversification, concentration, and risk management.
- Provide written expert reports, affidavits, and declarations and testify in mediation, arbitration, and court.
Key fiduciary issues addressed
- Standard of care, duty, and loyalty in the administration of trusts and estates.
- Trustee, administrator, and executor conduct, including adherence to governing documents and applicable law.
- Contested trust and estate administration, beneficiary disputes, and distribution conflicts.
- Self‑dealing and conflicts of interest, including related‑party transactions and improper benefits.
- Application of the prudent investor rule to investment strategy, diversification, concentration, and risk management.
- Misappropriation and diversion of assets, failure to protect clients from external fraud, and unexplained changes in account balances or ownership.
- Complex family and multi‑entity structures, including family offices, partnerships, and operating businesses held in trust.
- Closely held business interests, illiquid assets, and real‑estate‑heavy portfolios held in fiduciary accounts.
- Cryptocurrency and other digital assets in trusts, estates, and probate disputes.
- Offshore reporting and cross‑border fiduciary structures, and offshore account disclosure issues.