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This entry was published on 2014-12-26
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Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 21
§ 2102. Proceedings for relief against a fiduciary

A proceeding may be commenced to require a fiduciary:

1. To supply information concerning the assets or affairs of an estate
relevant to the interest of the petitioner when the fiduciary has failed
after request made upon him in writing therefor.

2. To set apart and turn over exempt property to which a spouse or
child is entitled or if it has been lost, injured or disposed of to pay
the value thereof or the amount of injury thereto.

3. After reservation for the payment of the expenses of administration
to pay the reasonable funeral expenses of a decedent if there are funds
available for such payment.

4. To pay a claim which has been allowed, to deliver a specific
bequest or property to a person entitled thereto or to pay a legacy,
distributive share, interest in a trust or a claim for an administration
expense, and when a trustee is unable to deliver personal property to
the person entitled, to pay the value thereof.

5. To pay in advance to any beneficiary of an estate all or part of
any beneficial interest to which he is entitled when the property of the
estate applicable to the payment of debts, legacies and expenses exceeds
by at least one-third the amount of all known claims, legacies having
priority and beneficial interests of the same class and the beneficiary
needs such payment for his support or education or of his family.

6. To comply with such directions as the court may make whenever two
or more fiduciaries disagree with respect to any issue affecting the