Legal Question in Wills and Trusts in New York

Estate Info Needed

Hi,

If a lawyer was hired (pre arrainged ) to handle an estate in the event of a person passing away intestate, is slow & deliberate in handling matters. Also doesnt notify a family member that there is NO administrator until 16 months after the person passed away. I contacted my own lawyer in hopes of moving things along.The accounting was done 1 year ago,the lawyer went to court to get approval of submitted bills in July 2004 but we havent seen any copies. Is there a department, or some division of NY State to have this guy move things along in a timely manner? My mom will be the administrator, we sent the signed & notarized papers to the lawyer in October 2004 but has yet to file them. Even MY lawyer is puzzled as to his work ethics. How do i get a court or some legal department to intervene so this can be completed. Thanks for your time.


Asked on 2/08/05, 4:22 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Estate Info Needed

While there may have been a pre-arrangement with the decedent, the administrator can retain any attorney of their choice to handle the estate, and may not be bound by the earlier arrangement. If nothing has been done, no documents provided to the estate beneficiaries, a complaint can be filed with the Surrogat's Court seeking the removal of the attorney and his replacement, and a complaint can also be filed with the County Bar Association.

Read more
Answered on 2/09/05, 10:30 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Estate Info Needed

16 months is a long time.

The easiest way is to petition the court to have your lawyer appointed in his place.

A slower way is to report the matter to the NY Bar Association. They will impose accountability.

Read more
Answered on 2/08/05, 4:52 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York