Legal Question in Wills and Trusts in New York

Do I have to go with the lawyer that prepared the will?

He prepared my relative's will in 1999. I am the named executor. When my relative died, I contacted him and went to the office. He took information and told me to fax assets and liabilities of my relative to him. I did so. The lawyer went on vacation for a week. After that I called, e-mailed to see what the next step would be. He has not returned any of my messages. It has been almost two months since the death. I have bills that are accruing finance charges. I cannot pay anything without papers. Can I legally change lawyers? I have not signed anything or paid anything. I have a COPY of the will. Thank you.


Asked on 9/06/02, 7:00 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Do I have to go with the lawyer that prepared the will?

You can always change lawyers however, he may have done work on the matter for which the estate may be responsible in quantum merit(a reasonable sum).

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Answered on 9/06/02, 7:05 pm
Robert Beatson, II Law Offices of Robert Beatson, II

Re: Do I have to go with the lawyer that prepared the will?

You are free to work with the lawyer of your choice. Further information needs to be developed here concerning what, if anything, has been done concerning filing an Estate Inventory and Accounting, etc. There are a number of fact-specific issues under NY law that need to be carefully considered and dealt with concerning the will and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of NY. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 9-6-2002, 8:15 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

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Answered on 9/06/02, 7:57 pm


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