Legal Question in Wills and Trusts in Massachusetts

Re: Wrongful death case

Thanks for your message. Most importantly, I am sorry to hear about all that has happened with your parents and the resulting issues with the trust set up for the settlement of the claim arising from your dad's illness.

As a beneficiary of a trust, you are entitled to as much transparency in the process of accounting, etc. as both the trust and the law allows. If you are not getting information that could easily be provided to you, that is a red flag that something inappropriate may be taking place. From your posting I am unclear as to who the plaintiffs are in your Superior Court action, and whether you believe there is some conflict of interest associated with the current representation of your interests in that case. You do not need your other siblings in order to enforce your rights as well as theirs under the trust.

An array of options are available to you, including possible removal of your sister as trustee (you refer to your sister as "executrix" of the trust, but a trust has a trustee and a will has an executor or executrix), and/or appointment of a third party to administer or monitor the trust. There is also the possibility that a neutral such as a mediator could facilitate discussions between among you and your sister, among others. On the whole, I believe aggressive representation from an attorney would be helpful. I do quite a bit of work in this are and would be happy to discuss the matter with you further. See www.lawfang.com