A trust is being settled after the sole beneificiary died. The remainder beneficiary discovers that the trustee has not paid taxes for a number of years. Trustee has hired a litigator who has crossed the ethical line a few times. Remainder beneficiary wants her lawyer to ask the surrogate court to have the trustee pay his own legal fees. Can this be done and can it be successful. Remainder beneficiary has read a New York appellate case where the appellate court supported a decsion made by a surrogate court to have the trustee pay his own legal fees. In that case, the trustee had over paid taxes and the surrogate and appellate court said over payment of taxes was a breach of trustee's fidcuciary's duties.