Wills & Trusts Litigation — New York
When trust disputes arise — over trustee misconduct, accounting irregularities, contested terms, or undue influence — experienced Surrogate's Court representation is essential. Russel Morgan, Esq. litigates trust disputes for beneficiaries and trustees throughout all five NYC boroughs.
SCPA & EPTL Proceedings
New York's Surrogate's Courts have exclusive jurisdiction over most trust disputes arising in connection with a decedent's estate — and significant jurisdiction over the administration of living trusts as well. The Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL) together provide a comprehensive statutory framework for trust litigation, establishing the procedural rules, the burdens of proof, and the available remedies in each type of proceeding. Understanding this framework — and knowing how to navigate it efficiently and strategically — is what separates effective trust litigation attorneys from general practitioners who handle trust disputes only occasionally.
Trust litigation in New York encompasses a wide range of disputes: a beneficiary who suspects a trustee has been self-dealing or mismanaging trust investments; an heir who believes a trust was executed while the grantor lacked capacity or was subject to undue influence; family members who disagree about the proper interpretation of ambiguous trust language; beneficiaries who have received no information about trust assets or performance; and former trustees seeking to be released from liability after completing a trust administration. In each case, the appropriate procedural vehicle — a compelled accounting, a surcharge proceeding, a construction petition, a removal petition — must be selected and pursued with precision.
At Morgan Legal Group, Russel Morgan, Esq. brings extensive New York Surrogate's Court experience to trust litigation matters throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We represent both petitioners — beneficiaries who have been wronged or ignored — and respondents — trustees defending their administration against unfounded or overstated claims. Our goal in every engagement is to achieve the best possible outcome for our client, whether through aggressive court advocacy, strategic negotiation, or court-supervised mediation.
Understanding the Process
Under SCPA §2205, any beneficiary can petition Surrogate's Court to compel a trustee to file a formal accounting of all trust transactions. Once compelled, the trustee must justify every transaction under oath — and objections can be filed to any improper item.
A trustee surcharged for breach of fiduciary duty pays damages from personal assets. The amount can equal the full loss to the trust, plus lost investment returns, plus disgorgement of any personal profit the trustee gained from misconduct.
Where a trustee is actively dissipating trust assets, Surrogate's Court can issue a temporary restraining order or preliminary injunction freezing trust accounts and preventing further transfers pending resolution of the dispute — acting quickly to stop ongoing harm.
The statute of limitations for most fiduciary breach claims in New York is six years under CPLR §213. Beneficiaries who suspect misconduct should act promptly — delay can bar older claims once an accounting is settled and judicially approved.
Challenges to a trust's validity on grounds of lack of capacity, undue influence, or fraud must be commenced within the applicable statute of limitations. Waiting too long — particularly after a judicial accounting has been settled — can permanently bar a valid claim.
Many New York trust disputes are resolved more efficiently through mediation than through years of Surrogate's Court litigation. Court-supervised or private mediation can achieve faster resolutions, preserve family relationships, and reduce legal costs for all parties.
Frequently Asked Questions
New York Surrogate's Courts handle a broad range of trust disputes under the Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The most common types of trust litigation handled by Morgan Legal Group include: judicial accounting proceedings — petitions by a trustee to have the court settle and approve all trust transactions, or petitions by beneficiaries compelling a trustee to file and account; surcharge proceedings — actions by beneficiaries seeking to hold a trustee personally liable for losses; trustee removal proceedings under SCPA §711; construction proceedings asking the court to interpret ambiguous trust language; trust contests based on lack of capacity, undue influence, or fraud; and proceedings to enforce the rights of trust beneficiaries.
Morgan Legal Group represents both trustees seeking to defend their administration against baseless claims and beneficiaries whose rights have been violated by trustee misconduct. We practice in all five New York City Surrogate's Courts — New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island).
A judicial accounting is a formal court proceeding in which a trustee presents a detailed, sworn accounting of every trust transaction — every receipt, every disbursement, every investment purchase and sale, every distribution to a beneficiary — and submits it for judicial approval. The trustee files the accounting as a formal legal document with the Surrogate's Court. All interested parties are served and may file objections. If no objections are filed, the court may settle the accounting and release the trustee from further liability for all disclosed transactions.
If objections are filed, the court schedules hearings at which the trustee must justify challenged transactions, and the court issues a decree determining the trustee's liability on each objection. A surcharge may be imposed for transactions the court finds were improper. Under SCPA §2205, a beneficiary can petition the court to compel a trustee to account. Morgan Legal Group represents both trustees filing accountings and beneficiaries filing objections to accountings in all New York City Surrogate's Courts.
Yes — a trust created under undue influence can be challenged in New York courts. Undue influence occurs when a person exerts such dominion and control over a trust grantor that the grantor's free will is overborne and the trust reflects the influencer's wishes rather than the grantor's own. In New York, proving undue influence in a trust contest requires showing: that the grantor was susceptible to influence (often due to age, illness, or cognitive impairment); that the alleged influencer had the opportunity and motive to exert influence; and that the result — the trust's terms — is the product of that influence rather than the grantor's independent decision-making.
Relevant evidence includes the influencer's control over the grantor's daily life, finances, medical care, and social contacts; the suddenness of a change in the trust's terms; the isolation of the grantor from other family members; and medical records documenting cognitive decline. A trust obtained through undue influence can be voided in its entirety or reformed to reflect the grantor's true intentions. Morgan Legal Group advises both parties who believe they are victims of undue influence and trustees defending trust documents against undue influence claims.
The duration of trust litigation in New York Surrogate's Court varies enormously depending on the complexity of the issues, the number of parties, and the posture of the parties toward settlement. A straightforward judicial accounting proceeding in which no objections are filed can be completed in three to six months. A contested accounting proceeding with multiple objections and a hearing on surcharge may take one to three years. A trust contest based on undue influence or lack of capacity — involving expert witnesses, depositions, and contested facts about the grantor's mental state — can extend for two to four years or more in complex cases.
New York City's Surrogate's Courts — particularly in Manhattan and Brooklyn — handle very high volumes of proceedings, which can create calendar delays. Morgan Legal Group approaches every trust litigation matter with a frank assessment of the likely timeline and the cost-benefit analysis of litigation versus negotiated resolution. Many trust disputes are resolved through mediation or negotiated settlement, which can provide faster outcomes while preserving family relationships that might otherwise be permanently damaged by adversarial proceedings.
Protect Your Trust Rights
Contact Russel Morgan, Esq. at Morgan Legal Group for a confidential consultation on your trust litigation matter. Serving all five New York City boroughs from 15 Maiden Ln #905, Manhattan.