Breach of Fiduciary Duty Lawsuit

Removing a Trustee or Executor

A person appointed to settle an estate, administer a trust or oversee the finances of an elderly family member is held to a high standard under the law. Beneficiaries can petition the probate court to have the person removed for breach of fiduciary duty on grounds ranging from incompetence to animosity. Beneficiaries can also sue fiduciaries to recover any personal gain such as siphoned funds.

The Boston probate litigation attorneys of Cushing & Dolan, P.C., have extensive experience in these conflicts. We represent heirs and other beneficiaries of a will or trust, and we also provide representation to fiduciaries. We handle cases throughout Massachusetts. Arrange a free consultation today.

Breach of Fiduciary Duty

A fiduciary is any person appointed or approved by the court for estates for oversight of financial matters: executor, trustee, conservator or power of attorney. If that person is not fulfilling the duties with integrity, he or she is subject to being removed and replaced. Grounds for breach of fiduciary duty include:

  • Fraud or conversion
  • Conflict of interest or self-serving actions (e.g., writing checks or assigning property to oneself)
  • Animosity toward beneficiaries
  • Favoring certain beneficiaries over others (including collusion)
  • Incompetence (dereliction of duties, violations of law, bad investments)
  • Detriment or disloyalty to the best interests of the beneficiaries

Massachusetts Trustee Theft Attorneys

If you believe the fiduciary has siphoned assets from the trust or estate, we have the in-house resources to investigate. Founding attorney, Leo Cushing, is a former prosecutor and a CPA with forensic accounting experience, and many of our lawyers have similar credentials. In a breach of fiduciary duty lawsuit, we will act to have the representative removed from duty and seek recovery of misappropriated money or property, plus damages and attorney fees, when applicable.

Evaluation of Trustee Impartiality

If you wish to question the impartiality of a trustee or one or more of the trustee's decisions relating to investments or distributions, talk to a probate litigation attorney. The probate lawyers at Cushing & Dolan are prepared to pursue a resolution to such conflicts, efficiently and decisively.

We invite you to e-mail us or call 617-523-1555 to arrange a free consultation at one of our eight convenient offices in the Greater Boston area.