Legal Question in Wills and Trusts in New York

Dad passed in 2010, new york. I"m the executor of dad will. However I attained a lawyer. My plroblem

is I had a sibbling contesting the will, however she changed her mind about contesting this will, my

lawyer has this in writting. Now beqing my dad executrix I'm waiting for the testimentary papers in

which my lawyer is taking his time, I've spent over 12,000 for 1yr. now I'm out of money to pay my

lawyer, can I finish my own case ? My lawyer is taking his time giving me my testimentary papers.

There are no assets...how can I get my lawyer to turn over these papers to me, like I said I'm broke

now. This is not a case where my dad had alot of money. I need these papers to pay off people, where I had to borrow to pay my lawyer. I m my dad executrix...but I have no more money to pay this

lawyer, what can I do, Can I go to court to get my own testyimetary papers?

How to let my lawyer go, he"s billing me too much money, and if I let him go..can I get my own

testimentary papers from court to wrap up my dad estate ? Thank you

Beverly


Asked on 12/06/11, 4:51 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You may fire your attorney and finish probate on your own. You may file for arbitration if you dispute your lawyer's legal fee. Contact the local bar association or the Surrogate's Court.

You may also obtain a copy of your papers from the Surrogate's Court. Bring lots of quarters for the copy machine.

Mike.

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Answered on 12/06/11, 5:14 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike. If your sister has given up the Will contest, this should have been filed with the Court and the proceedings to have you appointed Executor continued and the Letters issued. Unless facts are missing, it appears that your attorney may not be acting properly. Once your sister's papers have been filed, you can continue on your own, although there are a number of filings and requirements that may be best handled by a new attorney. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/06/11, 9:52 am


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