A persons property may come under the control of another person as a result of their placing that property into a "'Trust" or under the terms of a will. "Trusts" can come into existence during a persons lifetime or after they die.  Regardless of how the "Trust" comes into existence it is controlled by a person designated a "Trustee"  who holds the property given them subject to specific fiduciary instructions and responsibilities. The instructions are set forth both in the law and within the parameters of the "Trust" document itself. For larger estates the "Trustee" may be a bank or a financial institution. In smaller estates the "Trustee" is usually a family member who may have little experience in managing large amounts of money. Unfortunately, the "Trustee" can find himself in a difficult position as he,  his children, or others, may also be "Beneficiaries" of the "Trust." Personal interests may conflict with the interests of other "Beneficiaries." These types of conflicts can lead to disputes over whether the purposes of the "Trust" are being properly carried out. Similar conflicts can arise with regard to the appointed "Executor" or "Administrator" of an estate.

If a "Beneficiary" feels that their interests in the "Trust" are being compromised by the "Trustee" they may seek to have the Trustee removed. Courts will not remove trustees for little reason but, grounds for removing a "Trustee" can include mental or physical incapacity, misconduct, neglect of duty, failure to follow legal procedural requirements, conflict of interest  and, in extreme situations, fraud and embezzlement.

"Trustees" are required to prepare an inventory of trust assets and thereafter to account to the "Beneficiaries" as to the nature and extent of assents held and how they are being distributed. A "Trustee" has an overriding and undivided loyalty to the Trust's "Beneficiaries" and must preserve the assets of the "Trust." He may not act in pursuit of his own personal benefit when dealing with "Trust" assets. Interested persons who feel a Trustee has acted, or is acting improperly, may file a Petition with the Probate Court to seek their removal. If the "Trustee" is suspected of embezzling trust assets "Beneficiaries" must act quickly to preserve their interests. The involvement of an attorney knowledgeable in this area of the law is essential.

If you feel your interests in a "Trust" or an "Estate" are being improperly diminished, or are being withheld from you, please give our office a call for a free initial consultation. It is always best if you can collect a copy of the "Trust" or "Will", and any other pertinent correspondence, before we meet.