What is Breach of Fiduciary Duty?

An executor (formally known as a personal representative in Massachusetts) is a person appointed to handle the administration of your estate. When they violate specific laws or ethical considerations this may count as a breach of fiduciary duty. A breach of fiduciary duty dispute occurs when a person who is responsible for managing a will,… Read More »

Can I Avoid Adult Guardianship by Establishing a Trust?

One of the most powerful ways to avoid a court supervised guardianship if you were to become mentally incapacitated is to create and fund a revocable living trust. It’s important to recognize that the person installed in the role of guardian is not the same as a guardian although a person who is mentally incapacitated… Read More »

Reasons to Use a Memorandum of Trust

If you’ve chosen to create a revocable living trust as part of your estate plan, this affords a great deal of privacy, which can be amplified by creating a memorandum of trust. This memorandum is a synopsis of the entire trust document which allows assets to be transferred inside the trust while also preserving the… Read More »