Category Archives: Trusts and Estates

Trust Litigation – Accrual of Action for Fiduciary Breach in Massachusetts

The applicable statutes of limitations are six years for breach of contract actions and three years for torts. However, a declaration of trust and schedule of beneficiaries executed under seal may be subject to the 20-year statute of limitations. An action for breach of fiduciary duty does not accrue until the trustee repudiates the trust… Read More »

Trust Relations – Overview

There are various kinds of trusts with trustees having different roles. In most trust formations, the trustee manages property for the benefit of the beneficiary. In a nominee trust, the trustee merely holds title to real estate subject to the control and direction of the beneficiary. Trusts are established through the execution of a declaration… Read More »