Legal Question in Wills and Trusts in Massachusetts
Is my "trustee" negligant?
My brother and I own a house and when my parents got a divorce the judge put a trustee in charge of the estate and fund (rent) because we were too young. The trustee has not paid numerous bills on time causing electricity to be shut off, etc. The septic system needed repair and she ignored it until the whole thing collapsed and needed to be replaced!$$$ She did not pay my tuition on time one semester and my classes were cancelled causing me to take classes I didn't need. She also sold the house two years ago without informing me, my brother or neither of my parents. In the trust it does say that if the trust is to be sold it would be split equally between my brother and I but it doesn't say anything about who can sell it. Is there something wrong here? My family and I have had nothing but problems with her. The trust also has a part missing to it. Under section D, numbers 3 and 4 are missing. There is a large space at the bottom of the page after number 2 and the next page continues with the rest of the missing #4 and continues with #5. I went to the Courthouse to get another copy of the trust and it was the exact same way!!! Please let me know if something sounds fishy here!!!!
2 Answers from Attorneys
Re: Is my
It sure sounds fishy, I'd get an experienced attorney to examine the documents and file a Motion for an Accounting to force the trustee to disclose everything.
Re: Is my
This is a wild story. Was the trustee given enough money to pay those bills? (Are you sure?)Was there some sort of arrangement that held her liable for electricity, etc.?
You say you went to the Courthouse ... what did you look in, a divorce docket or the Registry of Deeds documents? Was there a recorded order of the court appointing this trustee?
Doesn't the document give the trustee "license to sell?" How did you determine that the trustee had sold it (and how could anyone have bought it without being sure the trustee had the right to sell it?)?
Blank paragraphs in a document are unusual, reflect very sloppy drafting of some sort, but are not illegal or necessarily improper.
I just got your post a month + after you wrote it. Did you get to the bottom of all this already? Was it really being sold?
Are you still living there? Has the trustee given you the money outright in some fashion? How old are you?
Please answer these questions and fax me the document(s) if you want another opinion on that matter. My fax number is (617) 527-1763, voice number is (617)527-0050.
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