Legal Question in Elder Law in New York

Should I have received a verification from Court for a specic date?

I had objections to finalizing of my mothers estate, appeared in Court with facts and documentation, but without representation, the Court said for myself and the other attorney to go to a conference room and see if we could resolve our problems. The problems could neve be resolved between us because what he is filing is fraudulent and unlawful.

As we were sitting in this room the Chief Clerk walked by and asked how we were doing, and I was asked how much time I would need to get a new lawyer, I did not say I couldn't afford one I just said I didn't know. Two weeks, three weeks ? I really didn't know and then dates of the following month were mentioned, '' what about July 12?'' was said.

I said '' I don't know I guess so, or said something similar to that I'm honestly not sure.

The twelfth came and went, the judge signed the final decree after the other attorney wrote and requested it because I ''had not filed papers on or before the control date of July 12th that was agreed on and expressed in the presence of the Chief Clerk''

It was my understanding if anything I was to have an attorney by then not file objections,

Should the Court have sent me something in the mail to verify that this specific date was agreed upon?


Asked on 7/28/05, 3:05 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Should I have received a verification from Court for a specic date?

NO. But now you should get the attorney you said you were going to, and see if there is any way to file appropriate papers with the court to try to set aside the current order. Contact me if interested in doing this right. The longer you wait, the less likely to succeed.

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Answered on 7/28/05, 1:53 pm


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