PEROSI v. LiGRECI
98 A.D.3d 230 (2012)
Appellate Division of the Supreme Court of New York, Second Department.
Decided July 11, 2012.
Accordingly, the order is reversed, on the law, the petition is granted, and the motion is denied.
Ordered that the order is reversed, on the law, with costs, the petition is granted, and the motion is denied.
1. Notably, pursuant to EPTL 7-2.6, any person interested in a trust can move to remove or suspend a trustee on the ground, inter alia, that the trustee violated his or her trust or threatened to violate it. In this matter, there is no claim that the trustee violated his fiduciary responsibilities.
2. Pursuant to EPTL 7-1.16, a creator of a revocable lifetime trust can amend such a trust by way of a specific reference in his or her will. Additionally, EPTL 7-1.17 permits a trust creator (or someone designated by a creator) to amend or revoke a revocable trust.
3. "Because `[t]he relationship of an attorney-in-fact to his principal is that of agent and principal ..., the attorney-in-fact must act in the utmost good faith and undivided loyalty toward the principal, and must act in accordance with the highest principles of morality, fidelity, loyalty and fair dealing'" (Matter of Ferrara, 7 N.Y.3d 244, 254 , quoting Semmler v Naples, 166 A.D.2d 751, 752 ). In addition, EPTL 2-1.11 (d) (6) permits an attorney-in-fact to renounce a disposition on behalf of a principal, with court approval.