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Robert A. Ray, Attorney at Law

Robert A. Ray is an attorney who has more than 30 years experience. A lawyer who knows the laws about unfair wills, inheritance disputes and other contested probate matters.

If you feel that you have lost an inheritance or are going to lose an inheritance; need to remove a Trustee due to a mismanaged estate or due to unscrupulous relatives; or, if you are considering contesting a will, we would be happy to give you a free, confidential review of the merits of your case.

Please click on the "Contact Us" tab at the top of the page, where you can fill out a short questionnaire or call us at the phone numbers listed. Our principal office is in Tyler, Texas.

We handle contested probate cases throughout Texas.

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Learn About Fiduciary Duty

A fiduciary has a high duty to protect the interest of the beneficiary.

Wikipedia, describes a fiduciary's duty as:

The fiduciary duty is a legal relationship of confidence or trust between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary. One party, for example a corporate trust company or the trust department of a bank, holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are entrusted to it for investment. In a fiduciary relation one person justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some

matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests.

“A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.

A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. The word itself comes originally from the Latin fides, meaning faith, and fiducia, trust.

When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where his fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from his fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd" and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."

If you would like to talk to an estate planning attorney or a lawyer who is familiar with probate law to advise you about a breach of fiduciary duty, click on the "Contact Us" tab at the top.

 

Disclaimer

This site does not give legal advice. This site does not create an attorney client relationship.

The use of the Internet, this site or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement. If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.