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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