Legal Question in Wills and Trusts in New York
copy of trust
My brothers, sisters and myself where contacted by a probate attorney regarding my uncle. Since he did not have a will, we are the next in line of decendents. It has been almost a year and after sending the firm notarized papers to process whatever procedures take place we have not heard from the attorney. We signed and had notarized documents allowing them to act on our behalf and collect whatever amount was liquidated. We have not heard from the attorney for over six months, and have not had any return phone calls. How long does this usually take? And how do we get a copy of all of the proceedings and what took place from the beginning of my uncle passing on?
4 Answers from Attorneys
Re: copy of trust
Sounds fishy to me. Contact Surrogates Court of County decedent lived in at time of death to see if file opened, file # and status. Good luck.
Re: copy of trust
One year is about average to complete the probate process in the states of ny, florida, california, and most others. The information before me indicates a 'Colorado' zip code. Is this accurate? I do not have personal experience with Colorado, however, the process is likely to be SHORTER in Colorado than in the other staes.
Your attorney has a duty under the code of ethics for lawyers to respond to your contacts (letters/telephone) within 30 days.
On a practical side, the courthouse will be able to tell you if the case has been submitted to the probate court and its current status. Some states permit this over the internet, others require you to go to the courthouse personally.
You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.
Re: copy of trust
If you are having difficulties in getting responses from the NY attorneys, you can contact the court in N.Y. to determine if there have been any filings.
You should also consider hiring your own attorney to communicate with the counsel in N.Y. and to assist you in reviewing any documents generated in the probate of the estate and the trust documents as well.
Re: copy of trust
After you have checked the Surrogate's Court for the county your uncle died in, write the attorney and inform him you will be filing a complaint with the State Bar. That should elicit a response.
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