New York Probate Lawyer Blog
There are numerous occasions where the Surrogate’s Court appoints a fiduciary to oversee an estate or a trust. With regard to an estate, the Court may need to appoint an executor or a preliminary executor in the case of a probate proceeding. If a decedent dies intestate, it may be necessary to appoint an administrator or temporary administrator.
In addition to the above fiduciaries, the Court may have occasion to appoint a testamentary trustee for a trust created in a Last Will. Also, the Court may obtain jurisdiction over trustees who are appointed in a Living Trust.
The Court always gives deference to trustees and executors who have been designated by a decedent or a person who has created a trust. This is because the Courts view such appointment as furthering the interests or intentions of the person who made the appointment.
The Surrogate’s Court Procedure Act has a number of sections for removing an appointed fiduciary. These sections include SCPA Section 711 entitled “Suspension, modification or revocation of letters or removal for disqualification or misconduct” and SCPA Section 719 entitled “In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without process.” However, the removal of a fiduciary is not an easy task. The Courts require that the basis for removal be supported by specific verifiable evidence.
A recent Manhattan estate case decided by Manhattan Surrogate Rita Mella on August 22, 2024 entitled Matter of William Koeppel is an example of the need for factual support to justify removal. In Koeppel, a family member sought the immediate suspension of his mother and sister as trustees of a trust created under the father’s Will. The application was based upon SCPA Sections 711 and 719. The Court refused to grant the suspensions. It was determined that the petitioner did not provide undisputed facts in support. The Court also noted that the petitioner had been aware of transactions he complained about for many years. When facts are in dispute, removal requires an evidentiary hearing.
As a cautionary note, it is very important, when creating estate planning documents such as a Will or Trust, that the creator select fiduciaries who have good qualifications and are trustworthy. This course of action can be of assistance where a fiduciary is attacked without proper cause.
I have represented clients for over forty (40) years in matters concerning fiduciary appointment and other estate and trust matters. Do you have a question regarding a fiduciary appointment? Call Me Now for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.