Removal of Fiduciary
Making the job of Executor, Administrator, Trustee and Probate easy for you
Whether you are a fiduciary or beneficiary, we can help you
Exclusive focus on probate, estates & trusts · 20+ years of experience · Various retainer options available
Phone: (631) 425-7299
Removing a Fiduciary of an Estate or Trust
The executor, administrator or personal representative of an estate holds a position of trust and responsibility. Several of the duties imposed on a fiduciary is that she/he must administer the estate or trust solely in the best interest of the beneficiary. The fiduciary has the duty to full disclosure or material facts when dealing with his or her own account, the duty to keep and render clear and accurate records, take reasonable steps to take, keep control and preserve the asset. Fiduciaries are not allowed to use the assets for his or her personal gain or benefit personally from same.
The fiduciary can retain the services for professionals for advice. However, the fiduciary is not allowed to live in the property owned by the Estate or allow a family member or friend to stay and not pay rent, improper gifts, self-dealing, commingling of funds, losses created by the neglect of the fiduciary, these are just some of many many examples of improper behavior that may amount to a breach of duty.
One must prove to the Court that their fiduciary relationship exists, that there was a breach of that duty, that financial damage occurred that can be rectified by the Court and that action is necessary to move the Estate forward and compensate the Estate.
Some of the remedies include compensation, surcharging the fiduciary, removal of the fiduciary, removing the specific property, reducing the compensation of the fiduciary.
A fiduciary role with respect to the estate and the heirs—he or she must not engage in self-interest or conflicts of interest, but must always act in the best interests of the estate. If you believe the executor, administrator or personal representative has violated his or her duties as a fiduciary, you can take legal action to have that person removed and replaced with another fiduciary. Additionally, if you believe that a potential executor will cause a problem, you can seek to prevent his or her appointment.
We can help you avoid such damages and breach. We can avoid the pitfalls and traps. We can stop the damage!!!!! We have years of experience, reasonable prices and many types of retainers to help get the services paid for.
At the Law Office of Bonnie Lawston, we will help you take legal action to make certain that estate fiduciaries honor their obligation to the estate. We will also help you seek their removal if they act in violation of the best interests of the estate.
Contact the Law Office of Bonnie Lawston
If you have not put an effective plan in place for the orderly distribution of assets upon death, we can help. Contact Long Island estate litigation attorney Bonnie Lawston online [link to Contact Us page] or call our office at 631-425-7299 to set up a free initial consultation.
We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.
There are Two Types of New York Estates
- The Decedent resided in NY at the time of death and their domicile is New York at the time of death; or
- There are assets located in NY, at the time of death, and an ancillary proceeding is needed. The Decedent may have died elsewhere.
Bonnie Lawston dedicates her practice to making the job of the Executor, Administrator, Trustee and Probate or Administration process easy for you. Whether you are a fiduciary, beneficiary or heir, we can help you, protect your interests and maximize your inheritance. The firm has represented individuals throughout the United States and in New York, throughout long island including but not limited to Huntington, Melville, Syosset, Sag Harbor, Garden City, Mineola, Bayshore, Dix Hills, Oyster Bay, Belle Terre, East Norwich, Muttontown, Cold Spring Harbor, Huntington Bay, Lloyd Harbor, Pt. Jefferson, Pt. Washington, Glen Head, Glen Cove, Bayville, South Hampton, Hampton Bays, to name a few, in matters dealing with Estate and Probate administration. For more information, contact Law Office of Bonnie Lawston at (631)425-7299 for a free consultation.