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Marital Fiduciary Duty

Ms. Amado also has a particular interest in the scope of fiduciary duties between spouses. It is well settled that a fiduciary duty exists between marital partners to manage the community assets in the best interests of both parties and to be candid with one another in disclosing all information regarding the existence and value of marital assets. Applying the general rules often raises interesting questions regarding the timing of disclosures, whether disclosure is an absolute duty, whether the non-managing spouse has any parallel responsibilities to keep herself or himself informed independent of the managing spouse's obligation to disclose. An excellent article on marital fiduciary duties is Marshall S. Zolla and Deborah E. Zolla, "Marital Duty", Los Angeles Lawyer, Vol. 26, No. 11, February 2004.

To speak with Ms. Amado or to make an appointment to see her regarding your client's issues of fiduciary duty and possible appellate representation or assistance, please contact her at (310) 550-8214.