NY & NJ · Trust Dispute Attorneys
Trust Dispute Attorney in New York & New Jersey
Trustee mismanaging assets or ignoring beneficiaries in NY or NJ? Our trust dispute attorneys compel accountings, pursue removal, and recover what's owed. Free consultation: 516-518-8586.
Licensed in New York and New Jersey. Schedule your free consultation today.
Full accountings demanded — we compel complete disclosure of every transaction and distribution
Trustees removed — we petition Surrogate's Court to replace trustees who breach their duties
Losses recovered — we pursue surcharge claims to make beneficiaries whole for fiduciary misconduct
Available Now · Free Consultation
Speak With an Attorney Today
Call for your free, no-obligation consultation — most calls answered immediately.
You Call Us
No phone maze — describe the trustee's conduct directly to our attorneys
We Review the Trust
We assess the trust document, the trustee's conduct, and the available remedies
We Act — Fast
Demand letters, accounting petitions, and removal filings handled promptly
Why This Can't Wait
What's at Stake
Understanding Your Options
What You Need to Know
Core Trustee Duties Under New York Law
New York's Estates, Powers and Trusts Law (EPTL) and common law impose the following duties on every trustee:
Common Trustee Violations We See
- Failing to distribute income or principal to entitled beneficiaries
- Paying themselves excessive or unauthorized trustee fees
- Investing trust funds in personal business ventures or speculative instruments
- Selling trust property at below-market prices to family members or associates
- Refusing to provide accountings or providing incomplete, misleading accountings
- Commingling trust funds with personal assets
- Failing to maintain, insure, or manage trust real property
- Favoring one group of beneficiaries over another in violation of the trust terms
New York vs. New Jersey Trust Law
New York trust disputes are governed primarily by the EPTL and the Surrogate's Court Procedure Act (SCPA). New Jersey trust law is codified under the New Jersey Uniform Trust Code (NJSA 3B:31-1 et seq.), which provides similar — but not identical — beneficiary protections and fiduciary standards. If you're a beneficiary of a trust with a New Jersey situs, or if the trustee or principal beneficiaries are in New Jersey, your case may need to be filed in NJ. We are licensed in both states and can advise on the correct forum.
Our Process
What to expect when you work with us
1
Free Case Review
We review the trust document, your beneficiary status, and the trustee's known conduct.
2
Formal Demand
We send a formal demand letter requiring a complete accounting and cessation of any ongoing breach.
3
Petition the Court
If the trustee doesn't comply, we petition Surrogate's Court to compel accounting or remove the trustee.
4
Forensic Accounting Review
We work with financial experts to analyze trust records and quantify losses caused by mismanagement.
5
Removal & Surcharge
We seek trustee removal and a surcharge order requiring the trustee to personally repay losses to the trust.
Why Choose Us
What Sets Our Attorneys Apart
20+ Years in Surrogate's Court
Full Accounting Demands — Not Just Summaries
Licensed in Both New York and New Jersey
Aggressive Surcharge Recovery
Client Stories
Families We've Represented
Names changed to protect client privacy.
Common Questions
FAQ
Answers to the questions we hear most.
What can I do if a trustee is mismanaging the trust?
You have several legal remedies available in New York Surrogate's Court. You can demand a formal accounting, petition the court to compel accounting if the trustee refuses, seek the trustee's removal for breach of fiduciary duty, and pursue a surcharge proceeding requiring the trustee to personally repay losses caused by their mismanagement. The right combination of remedies depends on the specific misconduct and the urgency of the situation. An attorney can assess your options in a free consultation.
How do I get a copy of the trust accounting in New York?
As a beneficiary, you have a legal right to a complete accounting under New York's EPTL. You — or your attorney — can send a formal written demand to the trustee requesting a full accounting of all trust assets, income, expenditures, distributions, and fees. If the trustee refuses or provides an incomplete accounting, we can petition Surrogate's Court to compel a verified accounting. This court-ordered accounting carries far more legal weight than an informal summary.
Can a trustee be removed in New York?
Yes. New York Surrogate's Court has the authority to remove a trustee who has breached their fiduciary duties. Common grounds for removal include self-dealing, persistent failure to account, misappropriation of trust assets, failure to invest prudently, hostility or unwillingness to act impartially toward beneficiaries, and incapacity. Removal does not automatically result in surcharge — that requires a separate proceeding to quantify and recover losses.
What is a "surcharge" in a trust dispute?
A surcharge is a court order requiring a trustee to personally compensate the trust — out of their own assets, not the trust's — for losses caused by their breach of fiduciary duty. For example, if a trustee invested trust assets in their own failing business and the trust lost $400,000 as a result, a surcharge order would require the trustee to repay that $400,000 to the trust. Surcharge is the primary recovery mechanism for beneficiaries harmed by trustee misconduct.
How is a trust dispute different from a will contest?
A will contest challenges the validity of the will document itself — alleging it was procured through fraud, undue influence, or improper execution. A trust dispute, by contrast, accepts that the trust is valid but challenges how the trustee is administering it. They are separate proceedings with different legal standards, different evidence, and different remedies. Both are handled in Surrogate's Court, but they require different expertise.
Can beneficiaries of a revocable trust challenge the trustee?
A revocable trust can be amended or revoked by the grantor while they are alive and have capacity. Once the grantor dies — or loses capacity — the trust typically becomes irrevocable and the trustee's duties to beneficiaries become fully enforceable. At that point, beneficiaries have full standing to demand accountings and pursue breach of fiduciary duty claims if the trustee fails to act properly. If you're a beneficiary of a trust that became irrevocable upon a parent's death, and the trustee is not acting properly, you have legal recourse.
Our Offices
Serving New York & New Jersey
We have offices in Manhattan and Hackensack — convenient for families throughout the metro area.
Prefer to Send a Message?
Request a Free Consultation Online
Fill out the form and we'll reach out within 24 hours. Or call 516-518-8586 for an immediate response.
Get Your Free Consultation
Tell us about your situation. A member of our team will reach out promptly.
Get Started Today
Get the Help Your Family Needs — Call Today
Don't navigate Surrogate's Court alone. Our estate litigation attorneys are available for a free, no-obligation consultation. Call 516-518-8586 or request a consultation online.
Call 516-518-8586
Prefer a form? Request a consultation online