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New York Surrogate's Court Procedure - Article 21 - § 2102 Proceedings for Relief Against a Fiduciary

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 21 - § 2102 Proceedings for Relief Against a Fiduciary

 
  § 2102. Proceedings for relief against a fiduciary
    A proceeding may be commenced to require a fiduciary:
    1.    To  supply  information  concerning  the assets or affairs of an
  estate relevant to the interest of the petitioner when the fiduciary has
  failed after request made upon him in writing therefor.
    2.  To set apart and turn over exempt property to which  a  spouse  or
  child  is entitled or if it has been lost, injured or disposed of to pay
  the value thereof or the amount of injury thereto.
    3.    After  reservation  for  the  payment   of   the   expenses   of
  administration  to  pay the reasonable funeral expenses of a decedent if
  there are funds available for such payment.
    4.  To pay a claim which has  been  allowed,  to  deliver  a  specific
  bequest  or  property  to  a person entitled thereto or to pay a legacy,
  distributive share, interest in a trust or a claim for an administration
  expense, and when a trustee is unable to deliver  personal  property  to
  the person entitled, to pay the value thereof.
    5.    To pay in advance to any beneficiary of an estate all or part of
  any beneficial interest to which he is entitled when the property of the
  estate applicable to the payment of debts, legacies and expenses exceeds
  by at least one-third the amount of all known  claims,  legacies  having
  priority  and beneficial interests of the same class and the beneficiary
  needs such payment for his support or education or of his family.
    6. To comply with such directions as the court may make  whenever  two
  or  more  fiduciaries  disagree  with respect to any issue affecting the
  estate.
    7. Pursuant to the provisions of paragraphs (d)  and  (e)  of  section
  11-1.5 of the estates, powers and trusts law, to pay interest on general
  dispositions at the legal rate unless the court otherwise directs.

Last modified: February 18, 2012