Legal Question in Wills and Trusts in Massachusetts

Re: Trust agreement

You need to start by reading the trust to determine who routinely has the right to remove the trustee and what type of notice is required. If the document does not give you that right, then your next stop may be the Probate Court. You should sit down with an attorney before going to court to determine the pros and cons of the procedure and the costs involved.

IMproper Tustee conduct?

You should consult an attorney first.

The reason is to determine, if as a matter of legal interpretation, your view is supported by law. You would hate to go to court and spend money to find out that you have insufficient evidence.

Then you need to determine the court of jurisdiction, probably the porbate court. There you need to file a complaint. The complaint or petition will seek to remove the trustee and appoint another trustee.

If there is improper financial or billng action by the trustee, you may have an additional action(s).

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

Re: Trust agreement

The first question is why you consider the trustee to be unethical. Have they done or failed to do something which offends you, or is it a lack of information or explanation or accounting that is at issue?

If it is a question of the trustee improperly using assets of the trust, you should consult with a probate or trust attorney, giving them all the information you have, including a copy of the trust agreement.

However, you may just want to see if, before consulting with an attorney, the trustee will conform their behaviour to your expectations. Have you tried asking them to explain their actions? If not, it might be in your best interest to ask them before consulting an attorney.