Articles Posted in Breach of Fiduciary Duty

Did you know that a fiduciary in New York has certain duties and obligations. A fiduciary includes an Executor, Administrator and Trustee. These duties and obligations include the protection of estate assets and the payment of funds to the beneficiaries.

When a fiduciary fails to act properly, he may be found to have breached a fiduciary duty. There are many different circumstances that can result in a breach of duty. For example, if an Executor uses estate funds for his own benefit, such conduct is improper. Also, if an Administrator fails to pay an estate expense on time such as taxes and the estate is charged extra interest and penalties, this situation may be found to be a breach of duty. Continue reading

A fiduciary of an estate refers to an Executor or Administrator. The estate fiduciary can be removed if he breaches his fiduciary duty. The Surrogate’s Court Procedure Act (SCPA) contains a number of provisions concerning the circumstances in which a fiduciary can be removed.

SCPA Section 711 entitled “Suspension, modification or revocation of letters or removal for disqualification or misconduct” provides a number of grounds whereby a fiduciary can be removed. The New York Probate Lawyer Blog has posted numerous articles regarding the breach of fiduciary duty and the revocation of letters of testamentary or letters of administration. Continue reading

A person who is appointed as an estate Administrator or Executor is empowered to perform many tasks on behalf of a decedent’s estate.  Generally, the fiduciary identifies and collects assets; resolves and pays the decedent’s debts and obligations; satisfies estate administration expenses such as estate and fiduciary income taxes; and provides an accounting and distributes the net estate to the beneficiaries.  The New York Probate Lawyer Blog has published many articles describing and examining the estate settlement process.

Along with their administrative powers, fiduciaries also have many obligations sometimes referred to as fiduciary duties. In cases where there is a breach of fiduciary duty, the Surrogate’s Court can revoke the letters of appointment and remove a fiduciary from office. Continue reading

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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