Legal Question in Wills and Trusts in Massachusetts

Irrevocable trust:: discrimination & negligence

I am beneficiary of irrevoc trust started in MA. I live in AZ. Nationwide firm. Trustees have been overseeing investments for 14 years. I suffer from chronic medical conditions, but am NOT incompetent. Unable to work for past year due to increased physical problems. Over $200K loss, in spite of my pleading(and certified letter) to invest elsewhere prior to loss. There have been lies, discrimination, and negligence.(All documented) The past year I have had significant medical costs, and have had to ask for more $ to pay other bills. Each time I contact these people, I have to jump through so many hoops it causes significant time, stress, energy and exhaustion. Xeroxing receipts, letters, telephone calls, accounting and faxing. Last week I spent 20+ hours dealing with these jerks. It is affecting me physically and mentally. Also, the monthly stipend I receive has not been increased for 14 years. Numerous issues here. Can I sue, and what for?


Asked on 7/19/09, 2:22 pm

3 Answers from Attorneys
Alan Fanger Alan S. Fanger, Esq.

Re: Irrevocable trust:: discrimination & negligence

I am quite moved by your situation. I recently settled a case in which a 70 year old beneficiary ended up in public housing because of the trustees (sister and brother-in-law) gross neglect of her housing and medical needs. The trustee has an obligation to act in your best interest as well as that of any other beneficiaries. Options include a petition seeking removal of the trustee as well as lawsuit for damages. Please check my blog on trust litigation at www.lawfang.com and feel free to call me to discuss further.

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Answered on 7/19/09, 2:38 pm
Grady Wade Wade Law Firm, PLC

Re: Irrevocable trust:: discrimination & negligence

I am sorry to hear about what you are going through. Yes, you have several possible causes of action. These people owe you a duty and it appears they are breaching that duty.

You should meet with an attorney and have him review your trust as soon as possible. He or she will then be able to discuss your options. Good luck.

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Answered on 7/19/09, 2:43 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Irrevocable trust:: discrimination & negligence

Yes, you can sue. You would sue for breach of fiduciary duty and abuse of discretion and seek the appointment of another trustee or even the termination of the trust. Everything depends upon what the trust agreement says, whether Massachusett's law is controlling, and what provisions of that state's law are controlling in your particular set of facts. You should seek legal counsel immediately and get the trust agreement reviewed by someone advising you.

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Answered on 7/19/09, 9:39 pm


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