When 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
- Actions that lacked court approval or violated court orders
- Financial mismanagement, including accounting errors or significantly problematic investment decisions
- Using the fiduciary position for personal profit (self-dealing)
- Hostile or uncooperative in working with others in a way that obstructs the administration of the trust or estate
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 email@example.com.