Fiduciaries undertake duties that require them to conduct themselves with a standard of care, good faith, prudence and loyalty to the beneficiaries of the wills, trusts or other governing instruments. In general, fiduciaries—appointed as executors, personal representatives, trustees, conservators, guardians or in other capacities—are held to a very high standard of conduct. As such, fiduciaries frequently seek legal counsel to assist in properly handling the variety of obligations and duties that they undertake when they agree to serve.

Dentons Rodyk advises corporate and individual fiduciaries on a wide variety of matters. We share your sense of responsibility toward fiduciary matters. This includes administering estates or trusts, which can be straightforward or extremely complex, especially if the assets are non-marketable. Such assets can include:

• Limited partnership interests
• Shares of stock in closely-held corporations
• Intellectual property interests
• Mineral and royalty interests
• Fractional interests in real estate or in companies or entities that own real estate.

We are highly experienced in helping fiduciaries handle these and a myriad of other issues, including dealing with estate and trust beneficiaries, as well as tax planning and the various tax issues or disputes that may arise during an estate or trust administration. We assist fiduciaries with the procedures for qualification or appointment, and where needed we assist with the process of appointing new or successor fiduciaries as well as with changes of jurisdiction and “decanting”. We can help you solve problems that arise in carrying out your fiduciary duties, facilitate your efforts, and advise you in a way that avoids adverse outcomes.