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How do I remove a trustee or other fiduciary?

how to remove a trustee or other fiduciaryWhen a person is given responsibility to manage trust or estate assets, that person has been entrusted to operate with honesty, integrity, and for the benefit of the beneficiaries. If a beneficiary has cause to believe that a trustee or executor has proven themselves to be corrupt, untrustworthy, or self-dealing, that person should be removed their position of authority. The Surrogates’ Court Procedures Act (SCPA) sets forth the process necessary to commence a petition for the removal of a fiduciary for dereliction of duties.

Basis for Possible Removal of a Trustee or Other Fiduciary

Please be aware that a fiduciary removal proceeding is a serious action and the Court will not find in favor of the beneficiary unless they can establish that the fiduciary acted improperly under specified circumstances.

If you are a beneficiary or a co-fiduciary of a trust or estate, and you believe that a person with fiduciary authority has mismanaged the estate, please contact the Law Offices of Michael W. Alpert, Esq. at (631) 225-4603 or