Trust Accountings & Deadlines to Contest Transactions
/Our Trust and Estate Litigation Lawyers located in Lynnfield, Greater Boston, Massachusetts are responding to the question as to how long a trust beneficiary has to contest or object to a trust accounting. First, a beneficiary of a trust should have a copy of the applicable trust instrument. If you do not have a copy of the trust, this may embody a transparency issue that begins with the trustee. If you cannot obtain or the trustee will not provide you a copy of the trust, you should contact an experienced trust litigation attorney immediately. Once you have obtained a copy of the trust, you should carefully review it for provisions concerning accounts (or accounting). This clause will typically set a deadline of thirty or sixty days for objections to the trust accounting. If you have discovered one of these deadlines and have been served with an accounting by the trustee, then the clock has begin to run on your time to object to the accounting. If you have allowed the clock to run out on filing an objection to the accounting with the trustee, there are limited circumstances to excuse the lack of objection and it is advisable that you consult counsel to determine your options.
If a proceeding concerning the trust has been filed in a Massachusetts Probate Court, then the Massachusetts Uniform Probate Code and Court controls the deadlines for objections and typically will set a return day. Any mention of a return day on an accounting is the deadline to file an objection with the Court.
The Law Office of Stefan Cencarik, PLLC represents beneficiaries and trustees of Massachusetts trusts and estates, and serves clients in the greater Boston area and Eastern Massachusetts.