Written by attorney Kera Murphy Reed

Removal of a Fiduciary, It’s Not as Easy as You May Think

If you are the beneficiary of an estate or trust and you think that the fiduciary or person in charge is not meeting their obligations, there are procedures in which they can be removed. Surrogate’s Court Procedure Act “SCPA” § 719 lists several grounds upon which a fiduciary can be removed. The grounds are straightforward and include where the fiduciary refused to obey a Court order; the fiduciary is a convicted felon; the fiduciary declared an incapacitated person; or the fiduciary deposits assets in an account other than as fiduciary of the estate or trust.

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