§ 2102 — Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1

New York § 2102

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 21: Miscellaneous Proceedings

Text

§ 2102. Proceedings for relief against a fiduciary\n A proceeding may be commenced to require a fiduciary:\n 1. To supply information concerning the assets or affairs of an estate\nrelevant to the interest of the petitioner when the fiduciary has failed\nafter request made upon him in writing therefor.\n 2. To set apart and turn over exempt property to which a spouse or\nchild is entitled or if it has been lost, injured or disposed of to pay\nthe value thereof or the amount of injury thereto.\n 3. After reservation for the payment of the expenses of administration\nto pay the reasonable funeral expenses of a decedent if there are funds\navailable for such payment.\n 4. To pay a claim which has been allowed, to deliver a specific\nbequest or property to a person entitled thereto or to pay a legacy,\ndistributive share, interest in a trust or a claim for an administration\nexpense, and when a trustee is unable to deliver personal property to\nthe person entitled, to pay the value thereof.\n 5. To pay in advance to any beneficiary of an estate all or part of\nany beneficial interest to which he is entitled when the property of the\nestate applicable to the payment of debts, legacies and expenses exceeds\nby at least one-third the amount of all known claims, legacies having\npriority and beneficial interests of the same class and the beneficiary\nneeds such payment for his support or education or of his family.\n 6. To comply with such directions as the court may make whenever two\nor more fiduciaries disagree with respect to any issue affecting the\nestate.\n