Legal Question in Wills and Trusts in Massachusetts

Re: turst fund accounting

I am sorry to hear that your mother is not doing well.

Under Massachusetts law, the power of the trustee is personal to the trustee. Your sister -- as well- meaning as she may be -- has no legal authority to control the trust. If the trust has a successor trustee, that person needs to step up. Otherwise, the Probate Court needs to appoint someone to replace your mother ASAP.

Without seeing a copy of the trust, I cannot know how frequently the trustee is required to account. Most trusts I've seen that were drafted in the last twenty or so years require an annual accounting -- but this may not be one of them.

Please feel free to contact my office if I can be of assistance.

Re: turst fund accounting

Ms. golden's response is direct on point. The Successor Trustee must take over the Trust, not the POA. If no Sucessor Trustee is designated or that person has refused to take over the Trust, then the Probate court needs to appoint someone as Trustee.

Re: turst fund accounting

I am sorry your Mother is ill.

The terms of the trust control who shall be trustee and successor trustee and what their requirement is for accountings.

If you cannot get access to the trust document consider retaining an attorney to assist you in obtaining it.

Good Luck!