{"jurisdiction": "us-ny", "code": "eptl", "section": "7-2.6", "citation": "EPTL § 7-2.6", "heading": "Resignation, suspension or removal of trustee", "text": ["§ 7-2.6 Resignation, suspension or removal of trustee", "(a) Subject to the relevant provisions of the civil practice law and rules, the supreme court has power:", "(1) On the application of a trustee, to accept his resignation and to discharge him on such terms as it deems proper.", "(2) On the application of any person interested in the trust estate, to suspend or remove a trustee who has violated or threatens to violate his trust, who is insolvent or whose insolvency is imminent or apprehended or who for any reason is a person unsuitable to execute the trust.", "(3) In case of the resignation or removal of a trustee, to appoint a successor trustee and, if there is no acting trustee, to cause the trust to be executed by a receiver or other officer under its direction.  This section does not apply to a trust arising or resulting by implication of law, nor where other provision is made by law for the resignation, suspension or removal of a trustee or the appointment of a successor trustee."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/7-2.6", "from_official_api": true, "plain_english": "Subject to the CPLR, the Supreme Court can let a trustee resign, suspend or remove a trustee, and put someone else in charge.\n- **(1)** On the **trustee's own application**, the court may **accept the resignation and discharge** the trustee on terms it considers proper.\n- **(2)** On the application of **any person interested in the trust estate**, the court may **suspend or remove** a trustee who has violated or threatens to violate the trust, who is **insolvent or whose insolvency is imminent or apprehended**, or who for any reason is **unsuitable**. ★\n- **(3)** After a resignation or removal, the court may **appoint a successor trustee**, and if there is no acting trustee, have the trust carried out by a **receiver or other officer** under its direction.\nThis section **does not apply to trusts arising by implication of law**, or where another law provides for resignation, suspension, removal or successor appointment.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/7-2.6", "publisher": "Elyphived LLC"}