Serving as a fiduciary is a legal responsibility — not just a family obligation.
Executors, trustees, and guardians occupy positions of legal trust. They are required by law to act in the interests of others — beneficiaries, ward, or estate — and are held to a demanding standard. When that standard is questioned, or when the demands of the role exceed what someone anticipated, experienced legal counsel is essential.
Fiducia Law Group advises and represents fiduciaries at every stage: understanding their duties before problems arise, navigating disputes when they do, and defending fiduciaries against claims of breach or misconduct.
A fiduciary is legally required to act in the best interest of the person they serve — not their own interest. That obligation is enforceable. When it is breached, it is actionable in Illinois courts. We handle these cases on both sides.
What We Handle
We advise executors, trustees, and guardians on their duties under Illinois law, including proper accounting, investment standards, distribution requirements, and communication obligations. Understanding your duties early reduces risk significantly.
When a fiduciary's conduct during administration is challenged — by a beneficiary, a co-trustee, or a court — we provide direct, experienced representation. These disputes often involve both legal complexity and significant financial stakes.
Executors and trustees can face surcharge claims, removal petitions, and personal liability for alleged breaches of duty. We defend fiduciaries against these claims in Illinois probate court — and we understand the difference between legitimate claims and family disagreements dressed up as legal ones.
We represent both parties in fiduciary removal proceedings — those seeking the removal of a fiduciary who has failed in their duty, and fiduciaries defending against removal petitions brought by parties who disagree with their decisions.
We prepare and present accountings in Illinois probate court, represent fiduciaries in accounting disputes, and counsel clients on their obligations when a beneficiary or interested party challenges how an estate or trust has been administered.
We represent banks, trust companies, and other corporate fiduciaries in probate and trust proceedings throughout Illinois, including contested matters involving complex estates and institutional fiduciary obligations.
When a signature is not truly a choice.
Breach of fiduciary duty concerns what an agent does after they have authority. This is a different question entirely: whether the document that granted that authority was valid in the first place.
Every person has the right to make their own decisions — even unwise ones, even ones their family disagrees with. The law protects your right to be wrong. That changes when the choice was not truly yours to make.
Under Illinois law, a person must have legal capacity at the moment they sign. Capacity is assessed at the time of signing — not before, not after. A diagnosis of dementia does not automatically mean a person lacked capacity. The question is always: did they know what they were signing, and did they understand what it meant?
Illinois courts define undue influence as pressure that substitutes someone else's will for that of the person signing. Illinois law requires proof that the influencer had the motive, the opportunity, and actually exerted that pressure in a way that benefited them at the signer's expense. The Illinois Supreme Court held in In re Estate of Coffman that the burden shifts to the agent to prove the transaction was fair.
Duress works through fear. A caregiver who controls access to medication, housing, or human contact. A family member who threatens to withdraw support unless the document is signed. When the conditions of a person's daily life were being controlled by the person who stood to benefit, Illinois courts will examine whether what appeared to be a free choice was anything of the kind.
Illinois law recognizes further bases for challenging a document at the time of execution. Each carries its own legal elements and evidentiary requirements. If any of these may apply to your situation, the place to start is a direct conversation about the specific facts.
- Fraud in the Execution — the signer was deceived about the nature of the document and did not know what they were signing.
- Fraud in the Inducement — the signer knew what they were signing but was given false information that caused them to sign.
- Insane Delusion — the signer held a specific false belief with no basis in reality that directly caused them to execute the document.
- Failure of Formalities — the document was not executed in compliance with Illinois law and may be void on its face.
Each of these grounds is legally distinct from a breach of fiduciary duty claim. Both types of claims can exist in the same matter. Contact the firm and we will help you understand what you are dealing with and what the options are.
Serving as a fiduciary?
Let us help you do it right.
Whether you are taking on a fiduciary role, already serving in one, or facing a dispute, we can help you understand your position and your options.