Legal Question in Wills and Trusts in Massachusetts
i have a trust fund and my attorney (trustee) is not trustworthy and never helps me when i need it. Where can i find another attorney or trustee?
2 Answers from Attorneys
The trustee is obligated to follow the terms of the trust. He should not be acting as your attorney. You can contact any estate planning attorney like myself for assistance.
If you are asking if you have the power to replace the trustee, that will depend on the terms of the trust.
If you say he is not helping you, I am not sure what you mean by that. The terms of the trust may be specific or general in nature as to what the Trustee can or cannot do.
You should take the trust to an attorney and have him explain your options. You can seek a referral from the Massachusetts Bar Association or ask a friend or seek someone such as myself from Law Guru.
Please feel free to contact me to discuss the matter without obligation.
I agree with Attorney Roth that you should retain your own attorney to review the terms of the trust and explain it to you to include the process for seeking to replace the trustee which may well involve filing an action in court to prove the present trustee has, or is, in breach of a fiduciary obligation under the terms of the trust. Good Luck!