Legal Question in Wills and Trusts in Massachusetts

Re: No Trust Accounting

The trustee has an absolute duty to account. Most trusts require an annual accounting, so read over your document and see what it says.

Once you have read the trust, send a very business-like letter by certified mail to the attorney, in which you quote the language of the trust, set out the dates on which you had previously requested accounts, and request that an account be produced within a reasonable amount of time (say, 30 days). Since one of your sons is over 18, he will need to sign the letter on his own behalf, and you will sign on behalf of the minor.

If you do not receive an account, the next step is to file petitions for an account and the attorney's removal at the Probate Court. You probably should hire an attorney with experience in probate litigation to help you with this step.

: No Trust Accounting

This has come up several times. I had at least one person contact the BBO, the attorney disciplinary board. The BBO assisted her in getting the information.

If you have other questions or need assistance, let me know.

Re: No Trust Accounting

It is not possible to offer legal advice over the web, because of various privacy and other concerns. This website can only offer general principles, which may or may not apply in a given situation, depending upon additional facts.

In general, Executors are required to file an Inventory within four months of appointment, and an annual accounting of estate transactions. In practice, the Inventory and first account frequently await settlement of the estate and passage of a year, because of the need to allow time for any creditors' claims against the estate to be presented and or suit to be filed.

However, an interested party has the right to require filing of an Inventory or annual account. If the Executor is unresponsive to a certified letter requesting the filing of accounts, it would be advisable to contact an attorney for further proceedings, although a request pro se could be made through the assistance of probate court clerks. (If the letter doesn't work, it suggests that litigation may end up being necessary, and getting an attorney involved early would be helpful.)

In addition, testamentary trusts (a trust set out in the will rather than a separate trust agreement) normally require annual accountings, in a similar fashion to the estate. In either case, the executor or trustee needs to file a final account to be released from their bond.

If an executor or trustee fails and refuses to file accountings, that may be cause for removal. Again, it would be easier to do this in association with an attorney, as probate court clerks are not supposed to give legal advice.

Finally, if it is not a testamentary trust, the trust agreement will specify what obligations the trustee has to account, but in all cases, the trustee is a fiduciary and must act with the interests of the beneficiaries in mind. If a trustee fails to do so, he or she can be removed.