This particular area of law involves managing risk and uncertainty specific to fiduciaries (such as trustees and personal representatives) responsible for administering trusts, estates, public or private pension plans, endowments, foundations or any other type of institutional investment program. Effective fiduciary risk management involves proactive assessment of all material information, the range of applicable legal duties arising under written documents, state and federal law, and the impact of a particular action. Process is key.
At its core, proactive fiduciary risk management is grounded in the notion that managing risk is much less expensive than defending lawsuits. Our team of knowledgeable, experienced attorneys can effectively counsel fiduciaries and help minimize their risk of litigation, an invaluable tool in the increasingly complex financial services landscape. In addition, addressing issues in trust or estate administration often has other consequences, such as tax implications. The Gunster team includes attorneys with experience ranging across 18 different practice and industry areas, including probate, trust and guardianship litigation and tax. Our attorneys can help you avoid mistakes that may lead to litigation.