Fiduciary Litigation

For more than 90 years, Casey Lundregan Burns, P.C. has provided legal counsel and strong advocacy in fiduciary litigation cases throughout Massachusetts. When disputes arise over estate administration, trusts, or fiduciary responsibilities, emotions can run high. Our team understands how these conflicts impact families and finances, and we are here to help you through them with a steady, experienced hand.

If you are dealing with a dispute involving an executor, trustee, or another fiduciary, you need a legal team that will protect your interests. Whether you are a fiduciary facing allegations or a beneficiary concerned about estate mismanagement, we are ready to fight for a fair resolution.

Fiduciary Responsibilities and Misconduct

A fiduciary is someone entrusted to manage assets, property, or decisions for another person. This role comes with serious legal and ethical duties, including acting in the best interests of those they represent and avoiding any conflicts of interest.

Common fiduciary roles include:

Executors and Administrators: Oversee estates and ensure assets are distributed according to a will or state law.
Trustees: Manage and distribute trust assets as instructed in a trust document.
Guardians and Conservators: Make decisions on behalf of minors or incapacitated individuals.

What Constitutes Fiduciary Misconduct?

When a fiduciary misuses their position, it can lead to legal action. Some common breaches of fiduciary duty include:

Using estate or trust funds for personal gain
Failing to properly account for assets
Making reckless financial decisions
Ignoring the terms of a will or trust
Withholding important information from beneficiaries
Engaging in fraud or deception

A breach of fiduciary duty can result in serious consequences, including court-ordered restitution, removal from the fiduciary role, or legal penalties.

When Can a Fiduciary Be Removed?

If a fiduciary fails to uphold their responsibilities, beneficiaries or co-fiduciaries may seek their removal through the court. Common reasons for fiduciary removal include:

Self-dealing: Transferring assets to themselves or taking unauthorized payments
Failure to follow the will or trust: Ignoring instructions set by the decedent or trust creator
Financial mismanagement: Making poor investment choices or misusing funds
Refusing to cooperate: Failing to communicate with beneficiaries or provide necessary information
Fraud or deception: Hiding assets, forging documents, or misleading beneficiaries
Negligence: Ignoring critical deadlines, mishandling assets, or failing to act in a timely manner

If you suspect misconduct, our team can assess the situation and help you determine whether legal action is necessary.

Fiduciary Litigation Services at Casey Lundregan Burns, P.C.

Our firm handles a wide range of fiduciary litigation matters, including:

Will Contests: If a will is suspected to be the result of undue influence, fraud, or lack of capacity, we assist beneficiaries or fiduciaries in challenging or defending its validity.
Trust Disputes: Disagreements over trust management, trustee actions, or interpretations of trust terms can lead to legal battles. We work to resolve these conflicts and protect client interests.
Breach of Fiduciary Duty Claims: If a fiduciary has engaged in misconduct, we pursue legal action to recover misused funds and hold them accountable.
Probate Litigation: From inheritance disputes to contested creditor claims, we represent clients in all types of probate-related conflicts.
Guardianship & Conservatorship Proceedings: We assist families in establishing or contesting guardianships and conservatorships for loved ones who cannot make decisions on their own.
Fiduciary Removal Cases: If a fiduciary is unfit for their role, we take legal steps to seek their removal and ensure the proper administration of an estate or trust.

Why Choose Casey Lundregan Burns, P.C.?

For decades, our firm has been a trusted resource for families throughout Massachusetts. Our attorneys have extensive experience in fiduciary litigation and a deep understanding of state probate and estate laws.

Focused on Client Needs

Every fiduciary dispute is unique, and we tailor our approach to meet the needs of each client. We take the time to explain your options, outline possible outcomes, and keep you informed throughout the process.

Local Knowledge and Court Experience

Having handled cases in the Essex Probate and Family Court and other Massachusetts courts, we are familiar with the legal landscape and procedural requirements necessary to build a strong case.

A Commitment to Protecting Your Interests

Whether you are a fiduciary facing allegations or a beneficiary concerned about estate management, our goal is to help you achieve the best possible resolution. We fight to protect inheritances, ensure fair administration, and hold fiduciaries accountable.

Contact Casey Lundregan Burns, P.C. Today

If you’re facing a fiduciary dispute, do not wait to seek legal guidance. Our team is here to provide the support and advocacy you need to protect your family’s legacy. Call us at (978) 878-3519 to schedule a consultation and discuss your legal options.

Let us work together to resolve your fiduciary matter and secure the future of your estate or trust.