Jump to Navigation
Let's Get Started!

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 six convenient offices in the Greater Boston area.

E-newsletter Probate & Estate Administration Articles by Our Attorneys
Best of 2009 | Silver Best of 2009 | Bronze NAELA | National Academy of Elder Law Attorneys, Inc. Wealth Manager | 2011 Five Star Five Star Professional | 2012 Wealth Manager CPA Super Lawyers REBA | The Real Estate Bar Association for Massachusetts Best lawyers|Best Law firms| U S news 2014
Serving Businesses and Individuals Throughout Massachusetts

Boston Office
Cushing & Dolan, P.C.

10 Tremont Street
Third Floor, Suite 9

Boston, MA 02108
Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Boston Law Office Map

Waltham Office
Cushing & Dolan, P.C.

375 Totten Pond Road
Suite 200

Waltham, MA 02451

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Waltham Law
Office Map

Westborough Office
Cushing & Dolan, P.C.

276 Turnpike Road
Route 9, Suite 228

Westborough, MA 01581

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Westborough Law
Office Map

Norwood Office
Cushing & Dolan, P.C.

520 Providence Highway Route 1
Route1, Suite 10

Norwood, MA 02062

Phone: 781-278-9901
Fax: 781-278-9911
Toll Free: 888-759-5109
Norwood Law
Office Map

Woburn Office
Cushing & Dolan, P.C.

444 Washington Street
Suite 203

Woburn, MA 01801

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Woburn Law
Office Map

Braintree Office
Cushing & Dolan, P.C.

50 Braintree Hill Park
Suite 308
Braintree, MA 02184-8724

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions