The individual who is appointed as executor, administrator or trustee, as well as a person who is assigned a power of attorney, is known as a fiduciary. A fiduciary has a duty to manage the assets of the estate or trust and that duty is a serious responsibility that requires a high level of honesty and integrity. If the appointed fiduciary fails to act in compliance with the standard of responsibility required by law, either by neglect or self dealing and greed, there are grounds to have the fiduciary removed. If, as an heir, beneficiary or trustee of a deceased individual, you feel that a fiduciary has not performed the required duties in an effective way, our attorneys are experienced and skilled at having the fiduciary removed and surcharged.
At the law firm of Sweeney, Reich & Bolz LLP, our lawyers provide representation for both beneficiaries and fiduciaries involved in proceedings against fiduciaries. Whether the fiduciary is acting in a corrupt or incompetent manner, or if the issues stem from strained family relationships, our attorneys are equipped to zealously advocate for our client’s interests and rights. Since a fiduciary is often unable to please everyone who stands to benefit, there is frequently anger or frustration directed at a fiduciary who is acting honestly and fulfilling their duties responsibly. Whatever the situation, a revocation proceeding may be the result. It is important to have attorneys who fully understand the legal nuances of a revocation proceeding.
There are a number of reasons that the court can decide to remove a fiduciary, including: