Many people create a trust to make things easier, but more families are facing disagreements over how trusts are handled after someone passes away. These situations can be stressful, especially when emotions and family relationships are involved.
At Casey Lundregan Burns, P.C., we have 100 years of experience helping families with estate planning and resolving trust disputes.
Why Are Trust Disputes Becoming More Common?
Several changes are contributing to the rise in trust disputes. One factor is that more wealth is being passed from one generation to the next, which can create stronger emotions and different expectations among family members. Also, blended families, second marriages, and changing family relationships can also lead to disagreements. We also see problems with online trust forms that do not fully reflect a family’s wishes or circumstances. In some situations, loved ones question whether the person creating or changing a trust was able to make those decisions freely.
A Trustee Has an Important Responsibility
A trustee is responsible for carrying out the wishes written in a trust while acting honestly and fairly for everyone named in the document. That includes managing trust property carefully, avoiding personal conflicts, and keeping beneficiaries reasonably informed. Our firm regularly helps trustees understand these responsibilities and reduce the risk of disputes.
What Beneficiaries Can Do If They Have Concerns
Beneficiaries should not ignore concerns about possible mismanagement or unfair treatment. When information is missing or questions remain unanswered, it is wise to speak with an attorney who can explain the situation and help protect your interests.
How Courts Handle Trust Disputes
If a disagreement cannot be resolved, a Massachusetts court may review whether a trustee acted fairly and followed the creator’s wishes. Depending on the circumstances, the court may require additional financial information, appoint a different trustee, or set aside changes that did not reflect the creator’s intentions. Our firm works to resolve disputes outside the courtroom whenever possible while remaining prepared to represent our clients in court when necessary.
Reducing the Risk of Future Conflict
Careful planning can help reduce future disagreements. Well-written trust documents, choosing the right trustee, reviewing your estate plan after major life events, and talking openly with your family about your wishes can all help protect your legacy.
Protect Your Family’s Future
If you have questions about creating a trust, serving as a trustee, or concerns about how a trust is being managed, our firm is here to help. Contact Casey Lundregan Burns, P.C. at (978) 788-9934 or Contact Us Online to schedule a consultation and learn how we can help protect your family and your legacy.