Legal Question in Wills and Trusts in New York

My Mother passed away 3 years ago in NY. My uncle apparently had his attorney's make out a will for her although she had been under doctor's care for 10 years for alzheimer and was not of sound mind, he also had a POA and I've discovered he was using her money to pay some of his bills along with him inheriting property that I had a quitclaim deed to. I tried to fight in court but $20,000 later I had to drop the fight since my attorney couldn't give me any straight answers. I was going to just let the will stand but even now there are still problems of his over-reaching. I have requested through court and from the estate attorney an accounting of her estate and I still haven"t received anything. My children who inherited her home have received deeds all five names are incorrect. What can I do?


Asked on 8/15/11, 6:54 am

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

Sorry for this hardship, but it seems you had poor representation. I suggest checking with the County Bar Association where the estate is located and getting the names of several good estate attorneys who can assist you - then interview them and pick one to represent you. A strong case for an accounting and possibly surcharges may exist, but more information is required. Documents need to be reviewed also, and only a competent estate attorny can assist you.

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Answered on 8/15/11, 8:29 am


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