Co-Fiduciary Required to Repay Commissions by NY Court

Co-Fiduciary Required to Repay Commissions by NY Court

Return of Commissions

By Hon. C. Raymond Radigan, Ruskin Moscou Faltischek, P.C.

Co-fiduciaries sought the removal of another co-fiduciary for the misuse of estate funds.  The respondent defaulted and therefore the allegations set forth in the petition were deemed true pursuant to SCPA 509 and the Surrogate revoked the respondent's letters.  The court also held it had the power to deny the respondent's commissions and direct the repayment of commissions that were previously approved.  Matter of Augustine, N.Y.L.J., Dec. 14, 2011, at 25, col. 5 (Sur. Ct. New York County).

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