N.Y. Surrogate's Court Procedure Act § 711: Suspension, modification or revocation of letters or removal for disqualification or misconduct In any of the following cases a co-fiduci...

§ 711. Suspension, modification or revocation of letters or removal for

disqualification or misconduct

In any of the following cases a co-fiduciary, creditor, person

interested, any person on behalf of an infant or any surety on a bond of

a fiduciary may present to the court having jurisdiction a petition

praying for a decree suspending, modifying or revoking those letters and

that the fiduciary may be cited to show cause why a decree should not be

made accordingly:

1. Where the respondent was, when letters were issued to him, or has

since become ineligible or disqualified to act as fiduciary and the

grounds of the objection did not exist or the objection was not taken by

the petitioner or a person whom he represents before the letters were

granted.

2. Where by reason of his having wasted or improperly applied the

assets of the estate, or made investments unauthorized by law or

otherwise improvidently managed or injured the property committed to his

charge, including by failing to comply with paragraph (c) of section

8-1.9 of the estates, powers and trusts law, or by reason of other

misconduct in the execution of his office or dishonesty, drunkenness,

improvidence or want of understanding, he is unfit for the execution of

his office.

3. Where he has wilfully refused or without good cause neglected to

obey any lawful direction of the court contained in any decree or order

or any provision of law relating to the discharge of his duty.

4. Where the grant of his letters was obtained by a false suggestion

of a material fact.

5. Where by the terms of a will, deed or order, his office was to

cease upon a contingency which has happened.

6. Where he has failed without sufficient reason to notify the court

of his change of address within 30 days after such change.

7. Where he has removed property of the estate without the state

without prior approval of the court.

8. Where he or she does not possess the qualifications required of a

fiduciary by reason of substance abuse, dishonesty, improvidence, want

of understanding, or who is otherwise unfit for the execution of the

office.

9. In the case of a guardian, where he has removed or is about to

remove from the state or where the interests of the infant will be

promoted by the appointment of another person as guardian.

10. In the case of a testamentary trustee, where he has violated or

threatens to violate his trust or is insolvent or his insolvenvy is

apprehended or is for any other cause deemed an unsuitable person to

execute the trust.

11. In the case of a lifetime trustee, a creditor or a person

interested, any person in behalf of an infant or any surety on a bond of

the trustee may present to the court having jurisdiction a petition

praying for a decree removing the trustee or suspending or modifying his

appointment and that the trustee may be cited to show cause why a decree

should not be made accordingly where the supreme court, if it had

jurisdiction, would have cause to remove the trustee or to suspend or

modify his appointment.

12. In the case of any fiduciary who fails to file an account within

such time and in such manner as directed by the court.