Date: December 4, 2025
(Worcester Superior Court, Worcester, MA) Fletcher Tilton litigation attorneys Adam Ponte, Michael Brangwynne, and Anthony Moroso successfully represented a remainder trust beneficiary in a complex dispute involving the distribution of multiple, substantial Central Massachusetts real estate assets.
The plaintiff alleged that the defendant trustee—who is also the other remainder beneficiary and the plaintiff’s sister—failed to timely distribute the trust’s real estate as required. Fletcher Tilton counsel argued that under the clear and unambiguous language of the trust, the real estate was to be distributed to both surviving daughters upon their parents’ passing, rather than kept under the sole control of the defendant trustee.
The defendant trustee argued that she had discretion to retain the property as a trust investment. The Superior Court disagreed, finding that “although [defendant] has the power to retain the Trust Properties ‘as a trust investment,’ read as a whole, the Trust does not give [defendant] discretion to disregard the mandatory distribution required…”
As a result, the Court granted Summary Judgment in favor of Fletcher Tilton’s client and ordered that the properties be distributed free of trust to the remainder beneficiaries.
Congratulations to Attorneys Ponte, Brangwynne, and Moroso for their outstanding work and dedication to achieving this successful outcome for our client.
Case: Plaintiff Beneficiary v. Defendant Trustee, Worcester Superior Court, C.A. No. 2585CV00575B (Tingle, J.)
