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In Massachusetts, if a trustee refuses to provide updates or accountings, beneficiaries have the right to petition the
Probate and Family Court to intervene, enforce compliance, or remove the trustee. Massachusetts law (MGL c.203E, § 813) requires trustees to keep beneficiaries reasonably informed and provide annual accounts.
Here is the step-by-step process for taking legal action in Massachusetts.
1. Pre-Court Steps (Establish a Record)
Before filing, you must prove you made a reasonable attempt to get information.
- Send a Written Demand: Send a formal letter or email to the trustee requesting a, copy of the trust, a listing of trust assets, and a report on income/disbursements.
- Set a Deadline: Give a reasonable, specific deadline (e.g., 30–60 days) in writing for a response.
- Document Everything: Keep copies of all emails and letters sent.
2. Legal Options to File in Court
If the trustee remains silent, you can file a petition with the Probate and Family Court in the county where the trust is located.
- Petition to Compel an Accounting: You can ask the court to order the trustee to produce a formal accounting of the trust.
- Petition to Remove the Trustee: If the refusal is a breach of fiduciary duty, you can file a Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 266).
- Surcharge Action: You can ask the court to hold the trustee personally liable for any financial losses caused by their lack of communication or mismanagement.
3. Filing Procedures
- Forms Needed: You will likely need a General Petition (MPC 792) or a Petition for Removal (MPC 266) and the accompanying Decree and Order forms.
- Where to File: File in the Probate and Family Court in the county where the trustee resides or where the trust has its principal place of administration.
- eFiling: Documents can be filed online through eFileMA.
- Service of Process: Once filed, the court will issue a citation. You must formally serve this to the trustee using a process server.
4. What to Expect
- Hearing: The court may schedule a hearing for both parties to argue their case.
- Court Powers: The court may suspend the trustee, appoint a temporary trustee, or demand an immediate accounting.
- Costs: The court can order the trustee to pay your attorney’s fees if their refusal was unreasonable.
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