How do I petition the probate court if I think that the co-executor did not do their duty?
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How do I petition the probate court if I think that the co-executor did not do their duty?
Asked on May 17, 2013 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A Petition to remove your sister as the co executor based upon - I assume - a breach of fiduciary duty is made under the Surrogate's Court Procedure Act section 711: Suspension, modification or revocation of letters or removal for disqualification or misconduct. I might consult with an attorney as to what constitutes grounds for removal - such as the breach I stated above - and help in filing. Good luck.
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