Legal Question in Family Law in New York
separation problem
I am legally separated and considering reconcilation with my husband. We have decided to try to work through the problems we had. I felt forced into separation due to the advice given to my husband by his attorney, who handled his guardianship of his parents' estate and Medicaid affairs. This attorney has also drawn up my husband's will. The content of the will is not the problem, but going forward, I do not feel confortable with this attorney involved in our affairs. She had created a great deal of animosity, billed many, many thousands of dollars, I feel took advantage of two vulnerable people during a crisis. I want to ask my husband to have the will re-written and handled by someone else. We have already been ''soaked'' and I don't trust this woman concerning ''administrative fees''. What would be the best way of handling this situation?
4 Answers from Attorneys
Re: separation problem
Focus upon " the lawyer lady" as THE reason for your separation and your attendant marital problems, is naive, unrealistic and a recipe for your reconcilation failing.
Rather than immediately seek change of your legal status and arrangement with your husband, (and YOUR omitting the people from your husband's life of people you don't like) it is advisable that you seek a Marriage Counselor, an MSW or other qualified person or group, that both of you can trust.
You should seek help in brushing up on your communication skills. Then, help in Relearning listening skills, trust and respect for each other, among other things.
Then, maybe the two of you can decide what is best for the two of you.
GOOD LUCK,
PHROSKA LEAKE McALISTER,ESQ
Re: separation problem
My colleagues have already advised you that your situation is somewhat complex and that it is difficult to provide a proper response within the space provided. BUT LET ME EXPLAIN WHY. First, I would also question being billed for "administrative fees". You may have an opportunity to challenge those bills - language to that effect should have been contained in your retainer agreement. Second, the basis for reconciliation should be in writing, even if it is only a brief note. Third, a review of your documents and circumstances would be necessary to determine the whether or not things have been done correctly. While both of you could (and perhaps should) listen to a second "legal voice", it would be best for each of you to have his/her own attorney.
Our office is nearby to your location and we frequently perform this type of legal service. You can call our office at 212-267-7000 to arrange for a consultation. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com
Re: separation problem
Tell your husnand your concerns, and ask if he would consider changing attorneys.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: separation problem
this is a complicated problem. If a formal separation was entered into you might consider having your own attorney. there are other issues that you should discuss you can call me at 212 683 8677
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