A trust is a more complicated vehicle of distribution of assets than a will or straight inter-vivos gift. An essential aspect of a trust is the appointment of a trustee and detailed instruction as to how the trust is to be administered. The trustee is the agent for the donor who administers the trust. As an agent, the trustee holds a fiduciary duty to always act in the best interests of the principal and to administer the trust in good faith according to its specific instructions.
In many cases, though, beneficiaries or other interested parties will disagree with the way the trustee is handling the case. This litigation can be costly and time consuming. The only smart approach, if you are being sued as a trustee, is to work with an experienced, skilled legal team. At Cushing & Dolan, P.C., our Boston trustee defense attorneys have a wealth of experience in probate litigation. We will help defend you against charges of error or breach in your duties as trustee, whether that requires negotiating a settled solution or fighting for you in litigation.
Charges Against Trustees
The trustee is held to the highest legal standard of duty to the rules of the trust, to the principal (the donor) and to the beneficiary of the trust. Most probate disputes involving trusts start with a beneficiary who feels shortchanged somehow and claims some kind of fault in the part of the trustee, including:
- Breach of fiduciary duty
- Failure to make required accountings
Beneficiaries can seek any number of remedies, including monetary damages, specific performance of a duty, reduction of the trustee's compensation and recovery of trust property.
Free Consultations ∙ Experienced Boston Area Trustee Defense Lawyers
From our six Massachusetts office locations (Boston, Waltham, Westborough, Norwood, Chestnut Hill and Woburn), we serve individuals, families and businesses throughout Massachusetts, New Hampshire, Florida, Pennsylvania, Arizona, and New York.
Talk with one of our experienced Boston probate litigation attorneys to discuss your litigation defense as a trustee. Call 617-523-1555 or contact us online for a free consultation with a lawyer from Cushing & Dolan, P.C.