Legal Question in Wills and Trusts in Massachusetts

If that has happened, then the minor (through a guardian or other person authorized to sue in the minor's behalf) or the person formerly a minor (if the person is now 18) may sue the custodian for what is known as breach of fiduciary duty, and seek to have the court impose what is known as a "constructive trust" for the funds. This is legalese for an attempt to recover the money that was misappropriated. In some instances an application for criminal complaint may be warranted. Please feel free to contact this office if you wish to discuss your rights in detail.

Someone who has an interest in the child's welfare may petition the court to act as representative for the child to sue the custody for breach of their fiduciary responsibility to recover any misapproriated funds, Good Luck!