Boston Trust Administration Attorney – Michael J. Hurley
Boston Trust administration attorney Michael J. Hurley, provides legal advice for Trustees and Beneficiaries, Trust Administration and trust litigation (trust contests) if you feel you are being cut out of your Rightful Inheritance by the wrongful acts of a Trustee. Free Phone Consultation (617) 712-2000.
What is Trust Administration?
Trust Administration the process of “Administering a Trust” which is similar to a Probate in many important ways, except that the main difference is that a Trust Administration is a private process whereas a Probate is a court-supervised process and very public.
Legal Advice for Trustees & Beneficiaries.
When you are appointed as a successor trustee of a decedent’s trust, your duties are just as complex and challenging as those facing the Executor (or Personal Representative) during a Probate Administration. A trustee’s role is distinguishable from that of a “personal representative” in that the trustee does not have the sometimes ‘suffocating burden’ of the Court’s supervision.
Unfortunately, freedom from Court oversight sometimes leads to fiduciary errors and violations. Beneficiaries often file lawsuits against their Trustees. In extreme cases, criminal charges for financial crimes are brought against trustees. Boston Trust administration attorney Michael J. Hurley is here to provide legal advice for Trustees and Beneficiaries because the complexities of even a ‘typical’ trust administration case would benefit greatly by having the support and guidance of an experienced trust attorney on the trustee’s team.
Some of the duties required of a trustee in Massachusetts include, but are not limited to:
- Trustee must take control of the assets in the trust
- Trustee must see to the appraisal and valuation of all trust assets
- Trustee must file affidavit regarding the death of the trustor in the county where decedent passed away
- Trustee must send notice of the decedent’s death to the legal heirs and beneficiaries of the Trustor
- Trustee must manage and invest the assets in the trust according to trust’s instructions
- Trustee must tax decisions that can impact the trust’s assets
- Trustee to sell or transfer property
What are the duties of a Trustee during a Trust Administration?
A Trustee generally must inventory and collect the assets of the Trust, address any valid creditors, see to any tax obligations, create and file tax returns, perform a detailed accounting, and then make distribution of remaining assets to the Beneficiaries. The Trustee must remember he or she is acting in a fiduciary capacity as defined in most states by the Probate Code and must never be found to be self-dealing or doing anything that will deprive the named beneficiaries of their due inheritance. Trustees administering Special Needs Trusts must also comply with the extra rules and regulations of Social Security Administration (SSI), Social Security Disability Insurance (SSDI), and other programs Beneficiaries may be dealing with.
Trustees are often the surviving spouse or adult child of the deceased
Boston Trust administration attorney, Michael J. Hurley, has more than 20-years of legal experience. Michael understands that surviving loved ones who are appointed to administer a trust may be stressed and overwhelmed by the circumstances of a recent death and then suddenly forced into the complex role of trust administration. Mr. Hurley is available to step in to help his clients to handle all the trust administration tasks, or as needed for the more complex tasks that must be administered. Attorney Hurley can review all existing wills and trusts and take all the critical steps necessary to prepare for the transfer of property to the named beneficiaries. We can also assist his clients in locating and cataloging all assets as required by law. Mr. Hurley can assist the designated trustee to ensure an event-free and smooth trust administration process from start to finish.
Need for an Experienced Trust Attorney’s Counsel & Intervention
We can provide Legal Advice as Needed –or– Hire Us to Administer the Trust.
The concept of a “trouble-free trust administration process” following the death or incapacity of a loved one, is quite a rarity. Regardless of how well an estate plan might have been crafted, human nature often surfaces. Many beneficiaries are distraught when uncovering or witnessing self-dealing, favoritism, and down-right incompetence. Any or all of these are to the detriment of the beneficiaries and must be remedied.
Families involved in a trust administration will greatly benefit by having Massachusetts Trust administration attorney, Michael J. Hurley’s calm and steady hand involved. His people skills are the result of years of big firm experience and courtroom litigation. Attorney Hurley can help in refereeing complex family interactions during these difficult and emotional times. Give Michael a call at (617) 712-2000 if you have questions, require periodic legal advice, or if you would like Mr. Hurley to administer your Trust.
Poorly or Illegally Administered Trust?
Beneficiaries need Legal Representation
Sometimes a trust is not well administered. If you are a beneficiary and feel that the Trust Administrator is making poor decisions, self-dealing decisions, favoring one beneficiary over another, acting recklessly, or not acting at all, you have the right, if not the duty, to challenge or “contest” the Trustee’s performance. In these situations, the beneficiary needs skilled legal representation to sort out his or her rights. You are encouraged to call and speak with Michael J. Hurley for a confidential discussion of your concerns. Trustee actions and management of trusts are delineated by statue, and trustees, being fiduciaries, are required to follow these rules. Mr. Hurley represents trustees and beneficiaries in all aspects of trust administration and trust litigation matters.
Caring, Compassionate and Competent Legal Services for Families
Boston Trust administration attorney, Michael J. Hurley, is sensitive to the reality that his clients and their families must deal with complex legal matters during the stressful and emotionally-draining season of life following the death or incapacitation of a loved one. From our initial contact with a trust administration client, Boston Trust administration attorney Michael Hurley understands he is not only there for the client, but often the entire family.
Set Up a Day, Evening or Weekend Appointment Now
We also handle Massachusetts Probate, Trust, and Estate matters for out of state individuals needing a local Massachusetts estate attorney’s help.
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