Private Fiduciary
Lagerlof, LLP’s Private Wealth & Fiduciary Team has extensive experience in the transfer of wealth, the administration of private trusts and estates, and the special challenges facing those who have been selected by others to make sound decisions about managing an estate.
Lagerlof, LLP’s Private Wealth & Fiduciary Team has extensive experience in the transfer of wealth, the administration of private trusts and estates, “family office” services, and the special challenges facing those who have been selected by others to make sound decisions about managing an estate.
PRIVATE FIDUCIARY
Our attorneys are skilled in counseling those trustees, executors and administrators so they can do that job professionally and efficiently. We develop a careful and thorough understanding of your family and your goals, and then employ our skills in helping you and your professional team to produce strategic plans that align with your family’s needs, your financial vision and your desired outcomes. In this process, we often will conduct one or more “family meetings,” designed to discuss the family’s vision of the future, where we bring all generations together to discuss and plan for that future.
In many instances, we serve as the administrative staff for private fiduciaries, who were selected because of their special relationship with those who create the trust or estate, and who are trusted to implement the plan as intended. In special and limited cases, our lawyers agree to serve as fiduciaries themselves – with the consent of family members. In those instances, we are focused on implementation of the plan as it was designed, with a professional “back office” staff behind us.
FAMILY OFFICE
Our “family office” team understands the desire to build a legacy and foundation for multi-generational wealth. We believe in building strong relationships with families to support them in business, finance, family, and philanthropic endeavors. We have worked with some families for as many as four generations, so relationships are important to us.
Our family office services team manages your financial landscape, giving you the opportunity to live your life knowing that your affairs are taken care of with the deepest understanding of your family goals and legacy in mind. We work hard to understand family vision, dynamics, communication styles, and future goals.
We also can assist with planning, accounting, monitoring, administration, compliance, and legal counsel. We offer full-service, personalized management. Our fiduciaries work diligently and discreetly exercising sound judgement to manage all your family office needs with exceptional care.
Our areas of Private Fiduciary expertise are as follows:
- Annual, biennial and triennial accountings
- Event-driven accountings and accounting to the court
- Beneficiary ages and evaluation of discretionary distributions
- Death of a trustee or beneficiary
- Resignation/removal of trustee
- Special-needs trusts
- Guardianships
- Conservatorships
- Court-ordered trust administration
- Charitable trusts and foundations
- Tax reporting and consultation
- Sales of assets
- Selecting and evaluating outside investment management
- Duties and liabilities of trustees and administrators
- Risk management
- Bank acquisitions and consolidations
- Disgruntled beneficiaries
- Actions by a prior trustee
- Accounting evaluation and analysis
Our areas of Family Office services expertise are as follows:
- Tax planning
- Financial structure and compensation planning
- Asset protection, management and transfer
- Estate planning
- Succession planning
- Cash management
- Banking
- Cash flow and budgeting
- Financial statements
- Bill payment
- Payroll
- Brokerage reconciliations
- Investment recording
- Entity selection
- Charitable giving
- Trusts and foundations
- Document and record management
- Trust administration
- Foundation administration
- Insurance filings
- Trust & Estate compliance
- Foundation compliance
- Payroll compliance

Joshua Driskell
jdriskell@lagerlof.com

William Kruse
wkruse@lagerlof.com

Timothy Gosney
tgosney@lagerlof.com
Private Fiduciary Flyer:
FAQ
Most frequent questions and answers
A private fiduciary is a professional who manages financial, legal, healthcare, or personal affairs for another person. They may serve as a trustee, executor, conservator, agent under a power of attorney, or care manager. Fiduciaries have a legal duty to act in the best interests of the person they serve.
People often hire a private fiduciary when:
- Family members are unavailable or unable to help.
- There is family conflict.
- An elderly person needs assistance managing finances or care.
- A trust requires professional administration.
- An executor or trustee needs expert guidance.
A trustee is a specific fiduciary role responsible for managing a trust. A private fiduciary is a broader term that may include trustees, conservators, executors, agents under powers of attorney, and other professionals serving in fiduciary capacities.
Fees vary by location and complexity but are typically charged:
- Hourly rates
- Monthly retainers
- Percentage of assets under management (for some trust services)
A fiduciary generally must:
- Act in the client’s best interests.
- Avoid conflicts of interest.
- Keep accurate records.
- Preserve and protect assets.
- Follow governing legal documents and court orders.
- Provide accountings when required.
Yes. A fiduciary may be personally liable for:
- Mismanagement of assets
- Self-dealing
- Breach of fiduciary duty
- Failure to follow trust terms or court orders
- Negligence in carrying out responsibilities
A breach of fiduciary duty occurs when a fiduciary fails to act in the best interests of the person or estate they serve. Examples include misusing funds, failing to disclose conflicts of interest, making unauthorized transactions, or neglecting responsibilities.
Yes. Beneficiaries and interested parties may challenge a fiduciary if they believe there has been misconduct, poor management, excessive fees, or violations of legal obligations. Courts can order accountings, remove fiduciaries, or award damages in appropriate cases.
A power of attorney is given voluntarily to a trusted agent by an individual while they have legal capacity. A conservator is appointed by a court when a person is unable to manage their affairs. Conservatorships involve ongoing court oversight, while powers of attorney generally do not.
Consider:
- Professional licensing and certifications
- Experience with trusts, estates, and elder care
- References and reputation
- Fee structure and transparency
- Communication style
- Insurance and bonding
- Knowledge of state-specific fiduciary laws
Ask for examples of similar matters they have handled and how they communicate with clients and beneficiaries.



