Legal Question in Wills and Trusts in New York

Estate/Will question

My brother has been deceased for over 8 months. The estate has been settled and all monies have been distributed to the family members. Taxes paid. BUT my lawyer is telling me (I am the executor and last living relative) that I have to wait over a year or 2 to receive the money that is due to ME from the estate. He said ''Just in case the IRS made a mistake and didn't take enough money out''. Shouldn't that be My responsibility? And IF the IRS made a mistake (which I doubt) I am the one who they will contact, NOt my lawyer. Why am I not receiving this money to put into an account with my bank and not he'. He has not even told me how much is in there or even what bank it is in. Shouldn't the monies go to me and let me handle the IRS? 1 -2 years is a long time for the IRS to find a mistake. There isn't THAT much in the estate but I feel it should be now handled by me. Please assist me, the lawyer just gives me a run around everytime I call or stop in.


Asked on 11/23/08, 8:50 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Estate/Will question

This does not sound good. You should demand the money in writing, by certified mail. If the lawyer still does not forward money, a complaint may be made to the Nassau County Bar Association grievance committee.

Mike.

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Answered on 11/23/08, 1:21 pm


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