Legal Question in Wills and Trusts in Massachusetts
Dissolution of a trust
A good friend is living off of a trust created by the settlement of a lawsuit naming her as the beneficiary. The original lawyer recused himself from being the trustee due to a conflict of interest. The lawyer that the court appointed pays himself more in fees every month than he disburses to her. The terms under which the trust was written no longer apply. How can she force dissolution or justify to the court another change in the trustee as he is failing in his fiduciary duty(her words)
2 Answers from Attorneys
Re: Dissolution of a trust
Your friend should consult an attorney with experience in probate and trust practice, as there are some very technical requirements for how to handle these cases. The attorney will need to review the trust to see if the drafting attorney made provisions for terminating the trust and/or removing the trustee. I would expect that this matter will end up in the Probate Court.
Please feel free to consult me if I can be of assistance.
Re: Dissolution of a trust
Your friend has a couple of options, first is to challenge the Attorney's fees as excessive. without more facts, it is difficult to know if this is true.
Second, she can petition the court for a change in Trustee's if she feels the amounts being charged are excessive.
Third, she can have an attorney review the Trust and see if there is a basis for terminating the Trust or if as drafted there is a provision allowing for its termination.
All of these choices require an attorney who understands the technical requirements of the probate court and probate law.
Please feel free to have your friend contact me if he or she has more questions.
Good Luck.
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