I realize I’ve been saying this for a while…..
Yes, as a beneficiary or interested party, you can file a formal petition in the Massachusetts Probate and Family Court to compel the administration of a trust or to remove and replace a non-performing trustee.
When You Can File
Under the Massachusetts Uniform Trust Code (M.G.L. c. 203E, § 706), a beneficiary or co-trustee has the legal standing to ask a judge to intervene. You can request court action if the trustee is: [1]
- Refusing to distribute assets or close out the trust.
- Ignoring requests for an accounting or financial records.
- Failing to act with reasonable care, loyalty, or speed.
- Committing a serious breach of trust. [1, 2, 4]
The Legal Process
- File a Petition: You typically file a petition for removal, resignation, or appointment of a successor trustee using a court form like Form MPC 266 in the appropriate county Probate and Family Court.
- Serve a Citation: The court issues a formal citation notifying the trustee and other beneficiaries of the action and setting a return date for objections.
- Request Interim Relief: If assets are at risk of being wasted or hidden, you can ask the judge for temporary orders to freeze transactions or suspend the trustee while the case moves forward.
- Appoint a Successor: If the judge removes the trustee, the court can appoint a successor named in the trust document or an agreed-upon professional trustee.
SO I’ve already sent 30 day notice. Then I allowed additional time. BUT the day he said I’m going on vacation….That is an important date. TIMES UP!
Next who wants to be the trustee? (Don’t everyone raise your hands at once? I am not even in the running. RENT A TRUSTEE?
HIPPY SEWING 
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