In Matter of Sinzheimer, the New York County Surrogate’s Court held that a corporate co-trustee that had been “removed” pursuant to the terms of the trust agreement was not required to deliver the trust’s assets to the sole individual trustee where the individual defied the instruction in the trust instrument to appoint a successor corporate co-trustee. The perceived objectivity on the part of the removed corporate trustee figured prominently in the Court’s decision sustaining its decision to withhold delivery of trust assets to the individual trustee until a new corporate trustee had been appointed. Brian Corrigan discusses the decision in our latest post.
Continue Reading Removed Corporate Trustee’s Refusal to Turn Over Trust Assets to Individual Trustee Was Prudent and Appropriate
removal of fiduciary
Jury Trials in Surrogate’s Court Removal Proceedings
By Robert M. Harper on
Posted in Fiduciaries, Legal Profession
As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether there is a right to a trial by jury. In this entry, Robert Harper explains why no such right exists in the case of proceedings concerning the removal of a fiduciary.
Continue Reading Jury Trials in Surrogate’s Court Removal Proceedings