{"jurisdiction": "us-ny", "code": "scpa", "section": "808", "citation": "SCPA § 808", "heading": "Liability of surety for assets received by principal in another fiduciary capacity 1", "text": ["§ 808. Liability of surety for assets received by principal in another", "fiduciary capacity", "1. A fiduciary is liable for money or other personal property of the estate which was in his hands or under his control when his letters were issued or when he began to serve as lifetime trustee in whatever capacity it was received by him or came under his control.", "2.  Where the money or property was received by him or came under his control by virtue of letters previously issued to him or his previous appointment as lifetime trustee in the same or another capacity an action to recover the money or damages for failure to deliver the property may be maintained upon both bonds, but as between the sureties upon the bond given upon the issue of the prior letters or upon his prior appointment and those upon the bond given upon the issue of the subsequent letters or upon his subsequent appointment the latter are liable over to the former."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/808", "from_official_api": true, "plain_english": "A fiduciary remains responsible for estate money and personal property already held or controlled when the new role begins.\n- **(1)** The fiduciary is **liable for estate money or personal property held or controlled when letters issue or lifetime-trust service begins**, regardless of the capacity in which it was first received. ★\n- **(2)** If the property came through an earlier fiduciary role, recovery may be sought on **both the earlier and later bonds**; between the sureties, the **later sureties must reimburse the earlier sureties**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/808", "publisher": "Elyphived LLC"}