1. Any Beneficiary Can Request Judicial Intervention Pursuant to EPTL 7-2.6
  2. In Surrogate’s Court
  3. Per Language of Trust
  4. Petition
  5. EPTL 7-1.9 to Remove Trustee

Any Beneficiary Can Request Judicial Intervention Pursuant to EPTL 7-2.6

Under EPTL 7-2.6(c), any person interested in a trust can start a proceeding in Supreme Court to suspend or remove a trustee on the ground, among other things, that the trustee violated his or her trust or threatened to violate it.

EPTL 7-2.6 Resignation, suspension or removal of trustee

(a) Subject to the relevant provisions of the civil practice law and rules, the supreme court has power:

(1) On the application of a trustee, to accept his resignation and to discharge him on such terms as it deems proper.

(2) On the application of any person interested in the trust estate, to suspend or remove a trustee who has violated or threatens to violate his trust, who is insolvent or whose insolvency is imminent or apprehended or who for any reason is a person unsuitable to execute the trust.

(3) In case of the resignation or removal of a trustee, to appoint a successor trustee and, if there is no acting trustee, to cause the trust to be executed by a receiver or other officer under its direction.  This section does not apply to a trust arising or resulting by implication of law, nor where other provision is made by law for the resignation, suspension or removal of a trustee or the appointment of a successor trustee.

In Surrogate’s Court

Surrogate’s Court Procedure Act § 712 discusses the suspension of fiduciaries.

Per Language of Trust

A trust can give a beneficiary the power to remove the trustee, or to remove and replace trustee but not with self.

Petition

An estate or a trust fiduciary can be suspended by bringing a court proceeding. A petition is required to start the case. The respondent in the proceeding is the fiduciary.

A petition to remove a trustee can be filed in NY Supreme Court1 or Surrogate’s Court2.

The petition can ask for three things: (1) For an accounting from the trustee, (2) to remove both the trustee and the successor trustee, and (3) to require them to turn over all trust assets, property, and records.3

EPTL 7-1.9 to Remove Trustee

  • Perosi
  • attorney-in-fact can use EPTl 7-1.9

  1. See EPTL 7-2.6

  2. SCPA 712. 

  3. See Matter of Perosi v. LiGreci, 98 A.D.3d 230, 948 N.Y.S.2d 629 (App. Div. 2nd 2012).