Legal Question in Wills and Trusts in New York

Lawyer is not complying

In March 2003, my aunt passed away,(intestate) my mom is her next of kin as my aunt had no children & was predeceased by her husband. Apparently a guardian & lawyer had been taking care of legal & other issues prior to her passing. The lawyer who is taking care of estate matters has not been too cooperative,no return calls,or keeps saying to call back next week, etc.Only recently did we get a copy of the accounting, dated 12/03..this was after numerous calls by a friend (lawyer) to help move things along.My question is, can someone in New York's judicial system or some other State agency either force him to settle the estate, remove him or intervene.Under normal laws as i understand, my mom would be entitled to her sisters estate and it seems this lawyer has no plans to efficently have the estate settled.How can this be done without hiring a lawyer,he didnt seem too concerned that a lawyer (my friend) was trying to get this settled. Thanks in advance.


Asked on 7/14/04, 10:18 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Lawyer is not complying

As next of kin your mom is entitled to be appointed as Administrator of the estate. Has she applied for this appointment? If not, she should do so immediately. All she has to do is take an original death certificate to the Surrogate's office in the county where your aunt resided when she died. They will help complete the forms necessary for this. Once appointed, you mom can demand the accounting by the guardian and then administer the estate. Her appointment by the Surrogate may be contingent upon her rough determination of what assets remain in the estate and supplying a bond to the Surrogate's Court. The Surrogate can review all matters with her. Why is the guardian's attorney handling the estate? Has your mom been appointed administrator already? This is a little confusing, so I need more information.

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Answered on 7/15/04, 10:35 am


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