In Ohio, fiduciary duty is taken very seriously in legal contexts involving business relationships, estate management, and trustee responsibilities. When someone accepts a fiduciary role, they are legally obligated to act in the best interest of the party they serve. But what happens when a fiduciary is accused of breaching that duty? Determining whether a breach occurred requires the courts to evaluate several factors to ensure that the fiduciary’s actions (or inactions) are thoroughly examined.
Before understanding how courts determine if a breach occurred, it’s essential to define what constitutes a fiduciary duty in Ohio. A fiduciary duty exists when a party, known as the fiduciary, is required to act in the best interest of another party, known as the principal. Common fiduciary relationships include business partners, corporate officers, trustees, and legal guardians. Under Ohio law, a fiduciary must adhere to the duties of loyalty, care, good faith, and full disclosure. This means that they must prioritize the interests of the principal over their own, act with diligence and competence, and avoid conflicts of interest.
For example, a trustee managing an estate in Columbus must ensure that they are making decisions that benefit the beneficiaries, not themselves. Similarly, a business partner in Cleveland must be transparent in their financial dealings and avoid taking actions that would harm the business or the other partner’s interests. If a fiduciary fails to meet these obligations, the principal can take legal action for a breach of fiduciary duty.
To successfully prove a breach of fiduciary duty in an Ohio court, the plaintiff must establish three key elements:
Each of these elements must be proven with clear and convincing evidence. Failing to establish even one of these components can result in the dismissal of the breach claim.
When determining whether a fiduciary duty was breached, Ohio courts analyze the actions of the fiduciary in light of the duties they were supposed to uphold. The courts typically ask the following questions:
The answers to these questions help the court determine whether the fiduciary acted in good faith or if their actions constituted a breach. In business contexts, for instance, the court may evaluate whether a corporate officer misused company funds or made decisions that unfairly favored certain shareholders. In estate cases, the court may review whether a trustee managed the assets responsibly or engaged in activities that diminished the estate’s value.
The standard of proof in Ohio breach of fiduciary duty cases is “preponderance of the evidence,” meaning that it is more likely than not that the breach occurred. However, in some cases—particularly those involving claims of fraud—the standard may be higher, requiring clear and convincing evidence. This distinction is important because it influences the strength of the evidence needed to succeed in a claim.
Fiduciaries facing allegations of a breach have several defenses they can use, depending on the circumstances of the case. Common defenses include:
Understanding these defenses is critical for both fiduciaries and those considering filing a breach of duty claim. If you’re uncertain about whether a fiduciary’s actions constitute a breach, speaking with an experienced attorney is essential to evaluate the strength of your case.
The consequences for breaching a fiduciary duty in Ohio can be severe, depending on the nature of the breach and the resulting damages. Fiduciaries found in breach may face the following penalties:
If you are involved in a fiduciary dispute, understanding your rights and options is crucial. Ohio courts take breaches of fiduciary duty very seriously, and the outcomes of these cases can have long-term consequences for both parties.
At the Law Offices of Daniel McGowan, we have extensive experience handling breach of fiduciary duty cases in Ohio. Whether you’re a beneficiary dealing with a problematic trustee or a business partner facing allegations of misconduct, we can help. Contact us today to discuss your situation and learn more about how we can protect your interests. With our guidance, you can ensure that your rights are upheld, and the fiduciary is held accountable for their actions.
A recent study published in the Journal of Elder Abuse & Neglect- Developing an Undue Influence Screening Tool for Adult Protective Services, ultimately resulted in a comprehensive practical evaluation guide for estate planning attorneys and elder abuse investigators and concerned family members. In this screening tool and its instructions are definitions of undue influence and the list of "signposts" and "red flags" recognized by Judges and Juries in Courts across the country when faced with probate cases involving claims of undue influence.
For an excellent presentation of useful tools for stopping financial exploitation of the elderly, Dr. Bonnie Levin, Ph.D, University of Miami The Exploitable Brain: Clues to Prevent Exploitation of the Elderly.
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