Accounting Litigation

Challenging Accounting Reports

At the Boston law firm, Taylor, Ganson & Perrin, LLP, our lawyers litigate on behalf of both plaintiffs and defendants. We focus this aspect of our practice on accounting issues related to trust and estate administration. Our clients in such matters include estate administrators, trustees, and executors. We also represent the beneficiaries of estates and trusts, guardians, and conservators.

All fiduciaries--including personal representatives and executors—are required to prepare accounts detailing their activities as administrators or trustees. These accounts can, and often are, contested by family members, heirs, and beneficiaries. We represented a guardian who placed his ward in an excellent nursing home but was challenged by the family over the amount of money spent on the ward's behalf. We have acted for family members contesting the amount of a trustee's fiduciary fee. We have represented heirs contesting the amount received from the sale of real property. In addition, we have defended fiduciaries against charges of malfeasance suggested by an audit. For more information about this part of our litigation practice, contact us at Taylor, Ganson & Perrin, LLP.

Accounting litigation sometimes requires our attorneys to represent family members against each other. Our lawyers are sensitive to the consequences of this.

Accounting litigation has required us to defend one family member against charges by another. For example, a family member named as personal representative by the decedent can be charged with breach of fiduciary duty by another family member. Such charges can include incurring excessive discretionary expenses, fraud, failure to realize full market value in the disposal of assets, and mismanaged funds. These types of charges can also be brought by creditors of the estate or other interested parties.

Whoever the client and whatever the charge, our attorneys rely on the firm’s collective knowledge of accounting and our access to specialists such as forensic accounts. As partners in a law firm providing trustee services, we understand the financial responsibility of trustees, executors, and administrators from personal experience. We also understand that it may be impossible for a fiduciary, however competent and well intended, to please everyone. Accounting litigation is a common occurrence in any extensive trusts and estates practice such as that of Taylor, Ganson & Perrin. Our attorneys have the experience and knowledge to help clients resolve any accounting matter related to an estate or trust. Contact our Boston office to learn more about accounting litigation and its role in settling an estate.