You might be more familiar with the common terms that refer to a fiduciary, such as: Trustee, Executor, Estate Administrator, Personal Representative, Conservator, or Guardian.
A fiduciary accepts responsibility for taking care of the personal or financial needs of another person. Fiduciary duties depend on whether services are provided for a deceased person or someone still living.
Licensed professional fiduciaries may be engaged to serve by agreement in life planning documents such as Wills and Trusts, or they may be appointed by the probate court to serve in any of the above functions.
About Donald Fischer
Donald E. Fischer is a California Licensed Professional Fiduciary and National Certified Guardian. He earned a Master’s Degree in Conflict Studies and Peacemaking from Fresno Pacific University (FPU), a Bachelor’s Degree in Rhetoric from the University of California, Berkeley and is certified by California State University, Fullerton to Manage The Person and The Portfolio Estate.
San Diego Fiduciary, Donald E. Fischer, provides fiduciary services for San Diego attorneys and California residents from offices in San Diego and Fresno. As California Licensed Professional Fiduciaries, we have a fiduciary duty to our clients and their estates. All fiduciary services we provide are centered around trust.
Are you seeking to hire a San Diego fiduciary following a recommendation from your estate planning attorney, CPA or financial advisor? Licensed California fiduciary Donald E. Fischer is hired as CEO, Financial Manager, Trusted advisor by individuals, families, extended families, and small businesses. He is hired to protect the assets, interests, and dignity of his clients.
As your San Diego fiduciary, Mr. Fischer can be the responsible person who will make crucial tax decisions, manage your investments including real estate, and act as an independent mediator –an intermediary– between you and the beneficiaries of your trust. His services as a fiduciary is to advocate for you, to free you from the complex details of management so you can spend time enjoying the years you have left with precious family and loved ones.
If you are an attorney drafting a trust for a client who needs help call us. If you are having your attorney set up your family trust, consider San Diego fiduciary Donald E. Fischer as a local financial management expert in estate administration. Mr. Fischer can become your trusted and devoted trustee for a will or a trust. Donald routinely solves financial challenges and can act as your independent financial counselor to guide and counsel you and the beneficiaries of your trust.
The titles may be different, but every service provided by San Diego fiduciary Fischer is centered around trust.Donald E Fischer, a professional San Diego fiduciary, has a fiduciary duty to our clients and their estates. A ‘fiduciary duty’ is the highest standard of care in law. A California Fiduciary must be extremely loyal to the person or party to whom he owes the duty (the “principal“): such that there must be no conflict of duty between fiduciary and principal.
Court Appointed San Diego Fiduciary
A receiver is sometimes appointed to preserve property during litigation between two parties who appear to have an equal right to use the property but who are unwilling to acknowledge each other’s interest. A judge can appoint a San Diego fiduciary as receiver following the filing of an application, or petition, with the court.
Courts appoint receivers to take custody, manage, and preserve money or property that is subject to litigation so that when the final judgment is rendered, the property remains available to accomplish what has been ordered. The power to appoint a receiver is rarely utilized by the courts, and only upon a showing that it is required to preserve the property. Receivership cannot properly be used to coerce a party or to gain control of a business from someone who is capable of managing it. Receivership is an extraordinary remedy, designed to benefit everyone involved. It is, however, a harsh remedy, since it involves restraining an individual’s property, removing it from his control, and causing additional legal expenses.
The appointment of a receiver, which is a provisional remedy to be exercised while litigation is pending, is ordinarily prescribed by statute, as are a receiver’s powers. Ordinarily a receiver can be appointed only after a lawsuit is initiated.
According to the statutes of different states, receivers have been appointed in actions for Divorce, the removal of a trustee, or the foreclosure of a mortgage and in proceedings for the dissolution of a corporation, for an accounting of partnership money, or for a creditor’s suit. The appointment of a receiver is justified when property in dispute is allowed to deteriorate to the extent where emergency repairs are necessary, and where there is good reason to suspect that the property is going to be sold, wasted, taken out of state, misused, or destroyed if the court does not act to preserve it. A receiver can also be appointed in situations where it appears that no one with a legal right to manage certain property is present, or no mentally competent adult is entitled to hold it. A receiver is sometimes appointed to preserve property during litigation between two parties who appear to have an equal right to use the property but who are unwilling to acknowledge each other’s interest.
A judge can appoint a San Diego fiduciary as receiver following the filing of an application, or petition, with the court. In certain instances, all those who are interested in a case join together, and in the event that the court has jurisdiction over the property and the parties, an appointment can proceed upon their consent.
An application for the appointment of a receiver is often submitted by a creditor. It might be Fraud or collusion for a debtor to have a friendly creditor nominate an individual the debtor chooses. A receiver generally should not be appointed unless notice is served on all interested parties and a hearing is conducted where a judge determines the merits of the case. On good evidence that an emergency exists, however, a judge can grant the petition for a receivership and hold a hearing as soon as possible thereafter.
FREE Consultation with San Diego fiduciary Donald E. Fischer: Call (619) 663-9203 or USE FORM