Trust disputes can be deeply emotional—especially when family relationships, property, and legacies are on the line.
At Casey Lundregan Burns, P.C., we’ve spent over 90 years helping Massachusetts families handle these sensitive matters with care and clarity. Whether you are questioning a trustee’s actions or facing conflict with other beneficiaries, our goal is to protect your interests while seeking the most constructive path forward.
Trust Disputes in Massachusetts
Trust disputes can emerge when individuals disagree on how trust terms should be interpreted, administered, or managed. Emotions often run high, given that a loved one’s intentions and family harmony are both at stake. At such times, working closely with legal professionals can help you stand up for your interests and preserve important relationships.
These disagreements commonly arise on matters such as how assets get distributed, how trustees carry out their responsibilities, or whether certain trust terms have been followed. Without proper counsel, the involved parties may find themselves in a costly and drawn-out conflict. Timely action and steady legal guidance can help preserve your rights and reach a workable resolution.
Common Causes of Trust Disputes
Frequent areas of conflict include mismanagement of assets, unmet duties by a trustee, disagreements over will validity, and more. Below, we look at these causes in detail and explain why they can trigger serious challenges for both fiduciaries and beneficiaries.
Breach of Fiduciary Duty
A trustee holds a fiduciary role, meaning that this person must place the beneficiaries’ interests above all else. Actions such as self-dealing, favoring one beneficiary over another, or mishandling trust property may be viewed as breaches. Trustees can be held liable for losses that occur if beneficiaries prove that misconduct happened on the trustee’s watch.
For instance, a trustee might invest assets in a venture where he or she has a personal stake, and that could undercut impartial decision-making. Promptly addressing these issues is vital if you suspect misuse or misdirection of trust property.
Mismanagement of Trust Assets
Trustees are asked to manage and invest trust assets with care. If an individual handling the trust takes unnecessary risks or fails to maintain accurate expense records, beneficiaries might claim mismanagement. This can include not diversifying investments, underestimating risks, or failing to follow the trust’s directions regarding asset allocation.
Dwindling trust funds may prompt beneficiaries to question whether the trustee followed sound financial practices. Prompt review of investment decisions and recordkeeping can help prevent or resolve such disputes.
Will Contests
A will contest arises when someone challenges the validity of a will. Common arguments include the idea that the person creating the will did not have the mental capacity to sign, faced undue pressure, or was misled into signing legal documents. There may even be a later will that conflicts with the one submitted.
Disputes over a will can collide with trust issues if the trust’s creation and the will’s terms appear to clash. Whether you are an heir, trustee, or another involved party, it might help to seek formal legal advice if confusion arises regarding which document should take priority.
Disputes Over Trust Interpretation
Trust language can sometimes be open to multiple understandings, leading to disagreements on its intended meaning. Repeated tensions may surface over how to distribute assets or whether certain instructions apply to specific beneficiaries.
These interpretation disagreements can stem from incomplete drafting or changing circumstances that the trust did not address. Handling these gray areas quickly may prevent smaller arguments from expanding into more costly legal action.
Failure to Distribute Assets
Many conflicts involve a trustee who delays or declines to distribute assets based on their reading of the trust. Disappointed beneficiaries may see this as a breach of the trust’s guidelines, or they may suspect that the trustee is motivated by a secondary interest.
In such cases, it can be helpful to review the trust’s original language and related documents to confirm how and when distributions were meant to occur. Early clarity often resolves misunderstandings and rebuilds trust among family members.
Accounting and Recordkeeping Disputes
Battles over inadequate or inaccurate accounting can stir distrust between trustees and other interested parties. If the trustee does not properly document transactions and balances, beneficiaries may assume that something is amiss.
Individuals who believe that accounting practices fall short might formally request a full trust audit or a disclosure of detailed financial records. Proper documentation can go a long way toward easing concerns before they escalate.
Conflicts of Interest
Conflicts of interest arise when the trustee’s private interests clash with their obligations under the trust. For instance, the trustee might attempt to buy property from the trust or allocate funds to a family business that the trustee also runs. These dual roles can provoke serious questions about whether decisions are truly fair.
If there is a heightened risk of overlapping interests, seeking neutral guidance or a second trustee may help to address or preempt such concerns. That can reduce friction and foster confidence among beneficiaries and fiduciaries alike.
Methods for Resolving Trust Disputes in Massachusetts
When trust disputes surface, you are not limited to a courtroom battle. Instead, several pathways exist to resolve issues with more efficiency and respect for the folks involved. These include mediation, arbitration, litigation, and direct negotiation.
Below is a quick comparison of how these methods work:
| Method | Process | Outcome |
| Mediation | Neutral 3rd party fosters agreement | Non-binding settlement, if reached |
| Arbitration | Neutral arbitrator examines evidence | Binding decision |
| Litigation | Dispute in court with judge/court staff | Ruling is final unless appealed |
| Negotiation | Direct voluntary discussions | Mutual settlement or no agreement |
Mediation
Mediation is a private process where a neutral individual helps both sides find a shared solution. This path can save money and avoid lengthy court filings. It also keeps financial or personal details out of the public eye and may allow heirs to see results more quickly.
In some families, tension cools once concerns are voiced constructively. Mediators help create that environment, guiding participants to craft outcomes that bolster long-term family bonds. While mediation is non-binding unless everyone agrees, the solutions forged can be solid if you uphold open communication.
Arbitration
Arbitration is more formal than mediation but can still be quicker and less costly than filing a lawsuit. An arbitrator hears each side’s testimony and evidence before announcing a final decision. The main drawback is that you have minimal control over the outcome once the arbitrator rules.
Nonetheless, people who want faster, private results often choose arbitration rather than facing the drawn-out pace of court. It serves as an option that blends some structure of litigation with some of the informality found in mediation.
Litigation
Litigation means heading to court to settle your dispute. Although some trust cases can be straightforward, others grow into months or years of proceedings. This can become a demanding path, with higher costs and extensive deadlines for motions and evidence.
Still, litigation is sometimes needed if mediation fails, if substantial legal questions arise, or if no agreement seems possible otherwise. Going to court gives a judge authority to review complicated trust documents and weigh any wrongdoing by a trustee or other parties.
Negotiation
Negotiation is simpler than a court proceeding, though it may require a cool head. Parties and their attorneys hold direct talks to find middle ground, often trading proposals to see if they can prevent bigger legal costs.
Even if disagreements run deep, negotiation can still lead to real progress. Attorneys can guide these discussions, interpret trust language, and propose workable solutions without an unnecessarily heavy hand.
The Role of an Attorney in Trust Dispute Resolution
An attorney familiar with trust and estate litigation can be a major support system when conflict arises. You want to feel secure about your rights, and legal counsel can review the facts, gather evidence, and outline your best options. Building a case or defense suitable to your situation can be vital.
Attorneys can also advise on the advantages and risks of mediation, arbitration, litigation, or negotiation. They help you weigh the potential outcomes so that you choose the path that aligns best with your needs and priorities.
When tensions are high, an attorney who has worked on comparable issues before can remain calm and objective, seeking the best approach to meet your aims. This guidance may range from strategic planning to advocating for you in court if the scenario demands it.
Protecting Your Interests in Trust Disputes
If you believe that a trustee is mishandling assets or that your rights are not being honored, prompt action can stop matters from worsening. First, gather and organize all documents that reflect the trust’s creation, asset distribution, and relevant financial records. Logging communications can also be helpful.
Taking timely steps is wise because certain trust disputes are subject to legal deadlines. Waiting too long could mean losing the opportunity to recover lost assets or correct a breach of duty. When you act promptly, you stand a better chance of sorting out the matter before irreversible damage happens.
If you see signs of wrongdoing, say so and seek professional advice. Standing by silently can add confusion, whereas a direct approach often reveals misunderstandings or highlights issues that require a deeper look. Preserving your interests involves staying informed, monitoring trust operations, and being ready to respond if warnings appear.
Facing a Trust Dispute? Contact Casey Lundregan Burns, P.C., Today
At Casey Lundregan Burns, P.C., we hold fast to a commitment of dedicated representation for beneficiaries, fiduciaries, and other concerned individuals. Our firm stays focused on achieving positive resolutions in trust and estate litigation while also respecting your broader family goals. If a dispute is causing you sleepless nights, call us at 978-878-3519 and speak with an attorney who understands Massachusetts trust law. You can also reach out through our Contact Us page to set up a consultation and find a path forward that fits your situation.
The information in this post is not intended as legal advice or a substitute for the particularized advice of counsel. For more information, please consult an attorney.