Darlene Pasieczny ("Pah-shetch-nee") is a securities and fiduciary litigator and appellate attorney at Samuels Yoelin Kantor LLP. She leads the Investor Defenders practice group to recover investment losses caused by broker or registered financial adviser misconduct or defective securities products, in FINRA arbitration and other dispute resolution forums.
Darlene also represents trustees, personal representatives, beneficiaries, and interested parties in trust and estate disputes such as will contests, undue influence claims, nonjudicial amendments to trust terms, and elder financial abuse cases. These are typically cases brought before probate courts.
Darlene is also an experienced appellate attorney, having successfully represented clients in civil appeals before the Oregon and Washington appellate courts, in briefing to the Supreme Court of the United States, and before the Bankruptcy Appellate Panel for the Ninth Circuit.
Stockbroker & Investment Fraud
Appeals & Appellate
Arbitration & Mediation
Business - Arbitration/Mediation, Consumer - Arbitration/Mediation
Additional Practice Areas
Trust and Estate Litigation
Credit Cards Accepted
Contingent Fees Fee arrangements may include contingency, billable hour, or hybrid of the two. It depends on the case and situation, and I am happy to discuss what fee structure is available during the initial consultation.
A: This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the type of account, the institution may have fiduciary duties to all named beneficiaries. That would mean that it cannot give preferential treatment to one beneficiary to the detriment of another. Complications may arise if there is a "moving target" as to the account valuation and a percent distribution to multiple beneficiaries.
If you are running into difficulties in communicating with
the firm's customer service representative, you might consider contacting an estate planning attorney or securities litigation attorney.
Estate planning attorneys frequently deal with brokerage firms and retirement account custodians, and it could just be a matter of connecting to the right department to clear things up. Alternatively, if a firm is inappropriately withholding distributions to named beneficiaries, a securities attorney may get the firm's attention to take corrective action.