08/26/2026
When money goes missing from a business, an estate, or a trust account, the first instinct is to ask whether what happened was illegal. That is usually the wrong first question.
The more useful question is whether the person holding the money owed a fiduciary duty, because that duty is what turns a troubling decision into a claim someone can actually bring. It is also a considerably higher standard than many people in those roles realize they are being held to. Under a contract, each side is entitled to look after itself. A fiduciary cannot.
We put together a breakdown of what a fiduciary duty is under South Carolina law, who owes one, what misappropriation of funds actually means, and how to tell a poor decision apart from a breach worth pursuing.
Useful reading if you advise trustees, executors, business owners, or anyone else holding funds that are not their own.
https://blandrichter.com/breach-of-fiduciary-duty-in-south-carolina/
Ronnie Richter – 18 Broad St, Mezzanine Level, Charleston, SC 29401 | Eric Bland – 105 W Main St, Ste D, Lexington, SC 29072 | Licensed South Carolina attorneys. This content is for informational purposes only.
A fiduciary duty is the obligation one person owes another when they have been entrusted with that person’s money, property, or interests.