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New York Surrogate's Court Procedure - Article 7 - § 711 Suspension, Modification or Revocation of Letters or Removal for Disqualification or Misconduct

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 7 - § 711 Suspension, Modification or Revocation of Letters or Removal for Disqualification or Misconduct

Surrogate's Court Procedure 
 
  § 711. Suspension,  modification or revocation of letters or removal for
           disqualification or misconduct
    In any  of  the  following  cases  a  co-fiduciary,  creditor,  person
  interested, any person on behalf of an infant or any surety on a bond of
  a  fiduciary  may  present  to  the court having jurisdiction a petition
  praying for a decree suspending, modifying or revoking those letters and
  that the fiduciary may be cited to show cause why a decree should not be
  made accordingly:
    1. Where the respondent was, when letters were issued to him,  or  has
  since  become  ineligible  or  disqualified  to act as fiduciary and the
  grounds of the objection did not exist or the objection was not taken by
  the petitioner or a person whom he represents before  the  letters  were
  granted.
    2.  Where  by  reason  of  his having wasted or improperly applied the
  assets of the  estate,  or  made  investments  unauthorized  by  law  or
  otherwise improvidently managed or injured the property committed to his
  charge  or  by reason of other misconduct in the execution of his office
  or dishonesty, drunkenness, improvidence or want of understanding, he is
  unfit for the execution of his office.
    3. Where he has wilfully refused or without good  cause  neglected  to
  obey  any lawful direction of the court contained in any decree or order
  or any provision of law relating to the discharge of his duty.
    4. Where the grant of his letters was obtained by a  false  suggestion
  of a material fact.
    5.  Where  by  the  terms  of a will, deed or order, his office was to
  cease upon a contingency which has happened.
    6. Where he has failed without sufficient reason to notify  the  court
  of his change of address within 30 days after such change.
    7.  Where  he  has  removed  property  of the estate without the state
  without prior approval of the court.
    8. Where he or she does not possess the qualifications required  of  a
  fiduciary  by  reason of substance abuse, dishonesty, improvidence, want
  of understanding, or who is otherwise unfit for  the  execution  of  the
  office.
    9.  In  the  case  of  a guardian, where he has removed or is about to
  remove from the state or where the  interests  of  the  infant  will  be
  promoted by the appointment of another person as guardian.
    10.  In  the  case of a testamentary trustee, where he has violated or
  threatens to violate his trust or is  insolvent  or  his  insolvenvy  is
  apprehended  or  is  for  any other cause deemed an unsuitable person to
  execute the trust.
    11. In the case  of  a  lifetime  trustee,  a  creditor  or  a  person
  interested, any person in behalf of an infant or any surety on a bond of
  the  trustee  may  present  to  the court having jurisdiction a petition
  praying for a decree removing the trustee or suspending or modifying his
  appointment and that the trustee may be cited to show cause why a decree
  should not be made accordingly  where  the  supreme  court,  if  it  had
  jurisdiction,  would  have  cause to remove the trustee or to suspend or
  modify his appointment.
    12. In the case of any fiduciary who fails to file an  account  within
  such time and in such manner as directed by the court.

Last modified: March 9, 2013