Articles Posted in Breach of Fiduciary Duty

Fiduciaries in New York are appointed to administer estates and trusts.  With regard to an estate, the Surrogate’s Court appoints either an Executor or Administrator depending upon whether the decedent had a Last Will.  When a Last Will exists, the document is offered for probate and the Court appoints an Executor.  In situations where a decedent dies intestate (without a Will) the Court appoints an estate Administrator.

With regard to Trusts, there are many different types of trusts. There can be inter vivos trusts that are generally created during a person’s lifetime. There are also testamentary trusts that are created pursuant to the terms or provisions in a Last Will. The Trustee supervises the administration of the trust according to the trust terms. Continue reading

Estates and Trusts are administered by fiduciaries. The Surrogate’s Court Procedure Act (SCPA) section 103 (21) identifies persons that are fiduciaries and includes such office holders as Executors, Administrators and Trustees. Such persons are obligated to act in accordance with duties and responsibilities as set out in the New York statutes such as the SCPA, the Estates, Powers and Trusts Law (EPTL) and the rulings of the various courts such as the Surrogate’s Court.

New York estate lawyers are familiar with provisions of the law that permit the Surrogate’s Court to remove a fiduciary when he breaches his obligations or is otherwise unfit to serve in such capacity. The New York Probate Lawyer Blog has published numerous posts regarding this issue which is of utmost importance in estate and trust administration. Initially, reference should be made to a number of laws in this area. SCPA section 711 is entitled “Suspension, modification or revocation of letters or removal for disqualification or misconduct.” This statute provides a number of grounds for the removal of a fiduciary which include dishonesty or otherwise being unfit to serve in such capacity. Another statute that deals with these matters is SCPA section 719 which is entitled “In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without process.” Continue reading

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