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wlda

Yes. The lawsuits get very complicated and hiring an attorney is a must; it is also legally required. As a fiduciary, you are acting in a representative capacity, i.e., a capacity other than yourself, and to represent someone other than yourself in Court requires you to be an attorney or to hire one. If you appear in Court representing "yourself" in a representative capacity, it is considered the unauthorized practice of law.... Read entire entry »


wlda

It is not required, but it is highly recommended. Hiring an attorney that does not practice in the estate and trust area of the law would be like hiring a brain surgeon to operate on your heart. Both are doctors, but with different focus areas. The same is true in the law and the question is simple: Would you rather have someone that eats, breaths and sleeps estate and trust litigation or an attorney that practices in some other area of the law representing you in an estate litigation case?... Read entire entry »


wlda

No, but it is highly recommended. These cases get very complicated very fast and involve, in some instances, the shifting of the burden of proof. If you do not know what the latter is or means, then you need an attorney. In addition, fiduciary duties are complicated and difficult to understand ­ difficult to understand whether they have been violated ­ so it is very important to hire an attorney for these types of cases.... Read entire entry »


wlda

Fiduciary duties are the requirements and obligations of a fiduciary when acting on behalf of his/her/its principal and can, really, be anything that a fiduciary is supposed to do or should do to protect the principal, beneficiary or ward. Fiduciary duties include, but are not limited to, the duty of disclosure, the duty to account, the duty of good faith and fair dealing, the duty to avoid hostility, the duty to avoid bias, the duty to avoid self­dealing and the duty to always act in the best interests of the principal, beneficiary or ward.... Read entire entry »


wlda

An informal fiduciary relationship is created by a relationship of reliance where the principal is in a position of weakness, is infirm or is in need of assistance and must rely upon his or her agent to act in her best interest.... Read entire entry »

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