California Partition Law Blog
Yes. Judgments should properly name the fiduciary in their representative capacity when the fiduciary is involved in legal proceedings on behalf of a trust, estate, or other entity. Fiduciaries, such as trustees or executors hold a position of legal responsibility to manage and protect the interests of the beneficiaries or estate that they represent. Ensuring that fiduciaries are properly named and identified in their representative capacity clarifies their role in the proceeding and helps eliminate confusion about personal and official liability. Overall, properly naming fiduciaries in their representative capacity safeguards the fiduciary and the trust or estate they manage by providing clear understanding of the fiduciary’s duties and limitations.
What is a Fiduciary?
A fiduciary is an individual who assumes a position of legal responsibility to act in their client’s best interests. This role includes serving their client as a personal representative, guardian, trustee, conservator, attorney-in-fact, or custodian under the California Uniform Transfers to Minors Act. (Prob. Code, § 39.) The fiduciary relationship begins when the individual starts acting on behalf of the client for the client’s benefit.
A fiduciary duty is a special kind of professional relationship that forms between an individual or entity and their client. California recognizes many types of fiduciary relationships; each carrying its own duties and expectations. Understanding how fiduciary relationships function, under what circumstances they are established, and how they can be violated will help you better protect yourself when navigating these professional relationships.