Legal Question in Business Law in New York
Procedure for obtaining records from deceased attorney
My father owned a small business which was incorporated in 1975. He ran into some trouble and was sued in small claims court. He hired an attorney who was to represent him in court. The attorney failed to show up in court and then ended up killing himself a dew weeks later. Leins were therefore placed against both the corporation and my father personally. NOTE: My father's name is ''Tom Smith'' and the corporation name is ''Tom Smith Inc.''. I thought that the reason people incorporate is to protect them from any personal liablity. My father closed down the business a few years ago but is having personal financial difficulties now as the leins are still on his record. He hired a friend-of-the-family attorney to clean up the mess and we just found out that the this attorney has been disbarred. My father has never received any of his paperwork and records from the deceased lawyer. The paperwork proves that his business was incorporated. Please advise.
4 Answers from Attorneys
Re: Procedure for obtaining records from deceased attorney
Get all the facts and hire a good lawyer.
Re: Procedure for obtaining records from deceased attorney
I would suggest contacting the person who is adminstrating the deceased attorneys estate to determine where his business records are being held. Alternatively, all of the documentation you would require to pursue this matter should be available to you through public records. You could obtain copies of all court filings and judgments from the courts where the action was heard, and you could obtain information as to the status of your father's corporation from the secretary of state from the state in which it was incorporated.
Good luck,
Stephen Furnari
Re: Procedure for obtaining records from deceased attorney
Among other things, records need to be obtained from the folowing sources: (1) the New York Secretary of State regarding corporate status, (2) court records for the county where the corporation had its principal office and for the county where your father resided, and (3) the personal representative of the deceased attorney's estate in NY. Proper development of the facts and circumstances surrounding the corporate activities is critical to resolving this legal matter. An experienced business attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 9-17-2001, 10:30 a.m. EDT; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Procedure for obtaining records from deceased attorney
This is indeed unfortunate. The time frames matter (which we do not know)...as do the facts...
If you'd like to frreely discuss this matter, as it is too complex for an e-mail repsonse, please call me at 212-764-5428 or 845-878-2163.
Good Luck
RRG
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