Legal Question in Wills and Trusts in Massachusetts

My children ( age 24,26 7 30 ) receive income for educational purposes from several trusts set up by their grandfather. Any other income is " at the trustees discretion " There are two trust attorneys, both around 70 and both have been with the firm for about 30 years. The senior trust attorney acts as if he alone has the right to make any and all decisions. Some of his decisions do not seem to be in the best possible interest of the trust. For example, the trustees purchased a home for a place for myself and my daughter to live. Now that she is out of the house, it is for sale. It need some improvements so that it will be competitive with others on the market and return the maximum possible to the trust. The lawyer refuses to do any work on the house, and, according to the firms accountant, will probably sell it at a loss, " just to clear the books " What rights, if any, do my children have, and what possibilities are available to have this attorneys decisions and management of trust funds evaluated by an outside, impartial agency ? Thank You. Susan


Asked on 1/05/10, 5:35 pm

3 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Thanks for your question. I am surmising from your posting that the trustees of the trust are the attorneys to whom you refer, and that their decisions are not being made in a manner that is consistent with the intent of the trusts. In this situation you should definitely retain an attorney who can review the trusts in question and determine whether the trustees are acting properly. Keep in mind that trusts can be drafted in a manner that affords the trustee a great deal of discretion, and courts (which are empowered to remove a trustee) are often reluctant to become involved in disputes concerning administration of trusts unless the trustee is blatantly derelict in his duties. However, some trustees are power-hungry rather than circumspect in the execution of their duties, and this may constitute one of those situations. Feel free to contact me if you wish to discuss this in greater detail.

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Answered on 1/10/10, 7:32 pm

Attorney Fanger's analysis is correct. However, before any attorney can assist you, they will need to review the trusts.

I am also concerned as to the need to sell a home held by the Trusts in the current market unless their is a compelling need to do so.

Given your children's age, I am curious as to when the trusts require distributions to the children is to start. It may be that the youngest is approaching an age when the trusts must begin to make distributions and thus need to sell quickly.

Please feel free to contact me without obligation to discuss the matter in more detail.

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Answered on 1/11/10, 6:52 am
Joseph Murray Joseph M. Murray, Esq.

The beneficiaries of the trust can retain an attorney to review the terms of the trust and demand the trustees act in the best interest of the beneficiaries within those terms. If there are blatant acts of disregard for the beneficial interests they can petition the court to correct them or have the trustees removed and replaced. Good Luck!

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Answered on 1/11/10, 7:37 pm


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