Fiduciary Trustee Litigation in Massachusetts
Fiduciary Trustee Litigation Attorney
Generally, fiduciary trustee litigation refers to disputes arising out of the administration of trusts and claims that a trustee has breached his or her duties in the administration of the trust instrument. Breach of these "fiduciary duties" can also arise in the context of partnership disputes and professional liability claims.
At Equitas Law, our attorneys handle the defense and prosecution of claims for or against fiduciaries alleging breaches of their fiduciary duties. Generally, to establish a claim for breach of fiduciary duty, one must prove the existence of the fiduciary duty; a breach of that duty; and damage proximately caused by the breach.
The five fundamental duties of a trustee are:
(1) a duty of strict and undivided loyalty;
(2) a duty to act in good faith and be prudent in preserving and investing trust assets;
(3) a duty to carry out the express terms of the trust;
(4) a duty not to delegate, although a trustee may seek the advice of those better qualified; and
(5) a duty to account to the beneficiaries.
The fiduciary is liable to the beneficiary for all breaches of his or her fiduciary duties.
Our attorneys have represented both trustees and beneficiaries faced with fiduciary and trust disputes—actual or potential. Generally, our clients in these cases are the beneficiaries or trustees of a family trust, or business partners involved in a dispute over business assets or obligations. Often, these disputes have a lengthy personal or familial history and there is an emotional investment in the conflict, which will either deplete personal funds or the assets that are the subject of the dispute.
Free Consultation on Any Massachusetts Trustee Litigation Matter
If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at inquiry@equitas.law or use our contact form, above. We will listen to the facts of your case, address your concerns and let you know what your options are.
The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable fee agreement, including possible contingency fee and hourly options.
Premises Liability FAQ
A property owner or occupier has no duty to warn of a risk that would be obvious to a person of average intelligence, as that person would be expected to use their faculties for their own protection and to guard themselves from all obvious hazards.
Although falls caused by snow and ice were once treated differently under Massachusetts law, this is no longer the case. In 2010, the Supreme Judicial Court announced a new rule regarding common law liability for the natural accumulation of snow and ice, applying the same “reasonableness” standard applied in other premises liability cases.
In Massachusetts, a person must file in court a complaint for negligence, including an action based upon premises liability, within 3 years from the date of the accident. If the statute of limitations is missed, the case will be dismissed.
This is what attorneys are for! You absolutely should not speak with insurance company of the person responsible your injuries. Very often, the insurance company will not be forthcoming about your rights and will frequently attempt to have you except an offer that is far less than the value of your case.
Where you can find us
1583 Beacon Street • Brookline • MA 02446
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