Legal Question in Wills and Trusts in New York

Re: Guidance regarding an estate

The speed at which things move is directly related to the amount of money involved.

Your mom can apply for letters of administration on her own. She is not bound to the "New York" lawyer. She can hire her own lawyer.

Please don't knock the "New York Lawyer" merely because he is from New York. Many of us work long and hard and generally do a good and efficient job.

Papers in the Surrogate Court have to be signed properly and some times it is frustrating to correct the papers rejected by the clerks. But generally the system works.

Re: Guidance regarding an estate

I agree with Norman, but add some comments. He is correct that you do not need an attorney to start the administration proceedings. Your mother can take an original death certificate to the Surrogate's Office where your aunt died and do the papaerwork on her own. However, she will need to estimate the size of the estate, as in an administration the Surrogate usually requires a surety bond, the size of which depends upon the size of the probate estate (assets individually registered in your aunt's name unless a beneficiary is designated). This will include the funds held by the Guardian, so you need details. Once appointed, she can ask that the funds held by the Guardian be turned over to her. Since she needs to post the bond, she may have to advance the premium cost, and then be reimbursed by the estate, as her appointment will require the bond be in place before papers are issued by the Surrogate. Depending upon the assets involved and their value, estate and/or inheritance tax returns may be required to be filed. I suggest your mother retain her own attorney, one who is familiar with NY estates, and get moving on this ASAP. Finally, while I concur with Norman that all attorneys, not just those that practice in NY, try to be fair and reasonable, and act as promptly as possible, it is possible that the current attorney will still be collecting fees and commissions while he manages the assets of your aunt, and he may be delaying the process until he gets the maximum commissions possible. By the way, when your mother gets appointed, she should request an accounting from the Guardian as to his handling of the funds while acting as Guardian. If you need more information, contact me directly.