§ 711. Suspension, modification or revocation of letters or removal for

disqualification or misconduct

In any of the following cases a co-fiduciary, creditor, person
interested, any person on behalf of an infant or any surety on a bond of
a fiduciary may present to the court having jurisdiction a petition
praying for a decree suspending, modifying or revoking those letters and
that the fiduciary may be cited to show cause why a decree should not be
made accordingly:

1. Where the respondent was, when letters were issued to him, or has
since become ineligible or disqualified to act as fiduciary and the
grounds of the objection did not exist or the objection was not taken by
the petitioner or a person whom he represents before the letters were
granted.

2. Where by reason of his having wasted or improperly applied the
assets of the estate, or made investments unauthorized by law or
otherwise improvidently managed or injured the property committed to his
charge, including by failing to comply with paragraph (c) of section
8-1.9 of the estates, powers and trusts law, or by reason of other
misconduct in the execution of his office or dishonesty, drunkenness,
improvidence or want of understanding, he is unfit for the execution of
his office.

3. Where he has wilfully refused or without good cause neglected to
obey any lawful direction of the court contained in any decree or order
or any provision of law relating to the discharge of his duty.

4. Where the grant of his letters was obtained by a false suggestion
of a material fact.

5. Where by the terms of a will, deed or order, his office was to
cease upon a contingency which has happened.

6. Where he has failed without sufficient reason to notify the court
of his change of address within 30 days after such change.

7. Where he has removed property of the estate without the state
without prior approval of the court.

8. Where he or she does not possess the qualifications required of a
fiduciary by reason of substance abuse, dishonesty, improvidence, want
of understanding, or who is otherwise unfit for the execution of the
office.

9. In the case of a guardian, where he has removed or is about to
remove from the state or where the interests of the infant will be
promoted by the appointment of another person as guardian.

10. In the case of a testamentary trustee, where he has violated or
threatens to violate his trust or is insolvent or his insolvenvy is
apprehended or is for any other cause deemed an unsuitable person to
execute the trust.

11. In the case of a lifetime trustee, a creditor or a person
interested, any person in behalf of an infant or any surety on a bond of
the trustee may present to the court having jurisdiction a petition
praying for a decree removing the trustee or suspending or modifying his
appointment and that the trustee may be cited to show cause why a decree
should not be made accordingly where the supreme court, if it had
jurisdiction, would have cause to remove the trustee or to suspend or
modify his appointment.

12. In the case of any fiduciary who fails to file an account within
such time and in such manner as directed by the court.