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.

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). ↩