N.Y. SCP Law § 711 — New York Code / Act SCP / Article 7 / Section 711
Suspension, modification or revocation of letters or removal for disqualification or misconduct In any of the following cases a co-fiduci...
Status: in_force

§ 711. Suspension, modification or revocation of letters or removal for\n         disqualification or misconduct\n  In any of the following cases a co-fiduciary, creditor, person\ninterested, any person on behalf of an infant or any surety on a bond of\na fiduciary may present to the court having jurisdiction a petition\npraying for a decree suspending, modifying or revoking those letters and\nthat the fiduciary may be cited to show cause why a decree should not be\nmade accordingly:\n  1. Where the respondent was, when letters were issued to him, or has\nsince become ineligible or disqualified to act as fiduciary and the\ngrounds of the objection did not exist or the objection was not taken by\nthe petitioner or a person whom he represents before the letters were\ngranted.\n  2. Where by reason of his having wasted or improperly applied the\nassets of the estate, or made investments unauthorized by law or\notherwise improvidently managed or injured the property committed to his\ncharge, including by failing to comply with paragraph (c) of section\n8-1.9 of the estates, powers and trusts law, or by reason of other\nmisconduct in the execution of his office or dishonesty, drunkenness,\nimprovidence or want of understanding, he is unfit for the execution of\nhis office.\n  3. Where he has wilfully refused or without good cause neglected to\nobey any lawful direction of the court contained in any decree or order\nor any provision of law relating to the discharge of his duty.\n  4. Where the grant of his letters was obtained by a false suggestion\nof a material fact.\n  5. Where by the terms of a will, deed or order, his office was to\ncease upon a contingency which has happened.\n  6. Where he has failed without sufficient reason to notify the court\nof his change of address within 30 days after such change.\n  7. Where he has removed property of the estate without the state\nwithout prior approval of the court.\n  8. Where he or she does not possess the qualifications required of a\nfiduciary by reason of substance abuse, dishonesty, improvidence, want\nof understanding, or who is otherwise unfit for the execution of the\noffice.\n  9. In the case of a guardian, where he has removed or is about to\nremove from the state or where the interests of the infant will be\npromoted by the appointment of another person as guardian.\n  10. In the case of a testamentary trustee, where he has violated or\nthreatens to violate his trust or is insolvent or his insolvenvy is\napprehended or is for any other cause deemed an unsuitable person to\nexecute the trust.\n  11. In the case of a lifetime trustee, a creditor or a person\ninterested, any person in behalf of an infant or any surety on a bond of\nthe trustee may present to the court having jurisdiction a petition\npraying for a decree removing the trustee or suspending or modifying his\nappointment and that the trustee may be cited to show cause why a decree\nshould not be made accordingly where the supreme court, if it had\njurisdiction, would have cause to remove the trustee or to suspend or\nmodify his appointment.\n  12. In the case of any fiduciary who fails to file an account within\nsuch time and in such manner as directed by the court.\n