All fiduciaries such as Trustees, Executors and Administrators must properly perform their duties. When there is a breach of fiduciary duty, a Court can suspend the fiduciaries’ powers or remove them from office.
Revoking the appointment of a fiduciary is not easily accomplished. The Courts typically respect a person’s choice of Executors or Trustees and try to follow the intentions in a Last Will or Trust. However, there are circumstances when revocation and removal is warranted. Also, a fiduciary has a right to a full hearing before being formally removed. This involves discovery of information and testimony before the Court.
In a recent Brooklyn estate decided by Brooklyn Surrogate Margarita Lopez Torres on March 20, 2019 entitled Matter of Estate of Gadsden, the Court removed a Trustee of a Living Trust. This case involved a proceeding under Surrogate’s Court Procedure Act Section 711 entitled “Suspension, modification or revocation of letters or removal for disqualification or misconduct”. The statute sets forth specific grounds that would be a basis for removal.