Attorneys Litigating Breach Of Fiduciary Duty Claims In South Dakota
Last updated on March 18, 2026
Trustees or personal representatives should always act with integrity and responsibility. Unfortunately, this is not always the case. Hostile beneficiaries may falsely accuse the trustee of wrongdoing. In either situation, you need an estate litigation attorney who can represent you in your breach of fiduciary duty case.
Our attorneys at Reiter Law Firm, have over 30 years of experience representing beneficiaries and interested parties in trust and estate litigation. Our litigators draw from their distinguished legal backgrounds and high-stakes litigation experience. They understand the complexities of fiduciary relationships and the consequences of a breach of trust. We provide skilled legal representation to clients in Sioux Falls and throughout South Dakota.
The Accountant’s Eye: Our Forensic Advantage
In litigation, numbers often tell a story that words attempt to hide. Our founding partner, Pamela Reiter, has a sophisticated accounting background. We leverage this to provide a level of scrutiny that traditional legal teams cannot match. We don’t just review bank statements. We perform deep-dive forensic reconstructions of financial histories to uncover hidden patterns of mismanagement, self-dealing or diverted funds. By identifying discrepancies that others might overlook, we may provide the evidentiary clarity to settle disputes or secure trial victories.
Understanding Fiduciary Duties
Trustees and personal representatives have a fiduciary duty to act in the best interests of the beneficiaries or heirs. This includes:
- Duty of loyalty: Placing the interests of the beneficiaries above their own.
- Duty of care: Managing assets prudently and responsibly.
- Duty of impartiality: Treating all beneficiaries fairly and impartially.
- Duty to account: Providing accurate and transparent accounting of all transactions and decisions.
These duties are an essential part of being a personal representative or a trustee. When these are not followed, it can mean that there has been a breach.
Common Breaches Of Fiduciary Duty
A breach of fiduciary duty can occur in various ways, including:
- Self-dealing: Using trust or estate assets for personal gain.
- Conflicts of interest: Engaging in transactions that benefit the fiduciary or their associates at the expense of the beneficiaries.
- Failure to disclose: Withholding important information from beneficiaries regarding the administration of the trust or estate.
- Mismanagement of assets: Failing to manage assets prudently, resulting in financial losses for the beneficiaries.
- Fraud: Intentionally deceiving or misrepresenting information to beneficiaries.
Consequences Of A Breach Of Fiduciary Duty
A breach of fiduciary duty can have serious consequences, including:
- Financial losses: Beneficiaries may suffer financial harm due to the fiduciary’s misconduct.
- Removal of the fiduciary: The court may remove the trustee or personal representative from their position.
- Surcharge: The fiduciary may be held personally liable for any losses caused by their breach of duty.
- Criminal charges: In cases of fraud or theft, the fiduciary may face criminal prosecution.
These consequences can help restore the damage a personal representative or trustee has done by acting improperly.
Questions We Hear Often About Breach Of Fiduciary Duty
Navigating the complexities of fiduciary litigation can often feel overwhelming. To help shed some light, we have compiled answers to some of the most frequently asked questions about breaches of fiduciary duty.
What is the standard of proof for breach of fiduciary duty?
In South Dakota, the standard of proof for breach of fiduciary duty is typically a preponderance of the evidence. This means it must be more likely than not that the fiduciary breached their duty.
What behaviors constitute a breach of fiduciary duty?
As discussed above, a breach can occur through self-dealing, conflicts of interest, failure to disclose, mismanagement of assets or fraud.
Who can be held liable for breach of fiduciary duty?
Trustees, beneficiaries, personal representatives, powers of attorney, guardians, conservators, and anyone in a position of trust and responsibility over another person’s assets can be held liable for breach of fiduciary duty.
Schedule A Consultation With A Breach Of Fiduciary Duty Lawyer
If you suspect a fiduciary has breached their duties, Reiter Law Firm is ready to help you take action. Call us at 605-800-8825 or complete the form below.