Legal Question in Wills and Trusts in New York

NYC Probate Question

Expecting an inheritance. Attorney for estate contacted us, told us she left $$ in Trust accounts in trust for my husband.There was a Hearing in Surrogate's Court. Attorney told us that as soon as decree came from court, we would receive our $. Now he feels that we should retain him to represent us. He said before we received any monies, we have to file a NY State Tax Waiver. I asked where I could get this form, he said it was complicated, and would take a long time to file. I asked can we speed up the process, he said "Yes, hire me for 2% of your share, and I'll speed it up." Isn't it his job as Estate Attorney to prepare all forms fast anyway? Are we being blackmailed,either pay him the 2%, or he'll deliberately slow it down. Is he taking advantage of us? He didn't mention this earlier. Is this Tax Waiver and Signature Guarantee really complicated? Or should I try to do it myself, save the 2%, and he will make sure we don't receive the $$ for months. By retaining his firm, he'll have the right to endorse all checks received in our behalf, deposit into their escrow account, then he'll deduct 2% for their fee and give us balance. Does this sound on the level to you?


Asked on 7/30/00, 2:36 pm

2 Answers from Attorneys
Meg Rudansky Meg Rudansky, Esq.

Re: NYC Probate Question

It does sound a little strange to me too. First of all, in order to get a tax waiver, you only need to file two one-page forms: the ET-99 and the ET-30.The forms which should take no longer than one half hour to prepare are then filed with the NYS Department of Taxation and Finance. At that point you just wait for the waiver to be stamped by the Department and then returned. They are usually returned within two weeks.

Additionally, as you point out, this is the work of the estate's attorney.

If he deliberately slows down, then your husband as the beneficiary of the estate, has legal recourse and your husband might want to retain your own attorney to speed things up.

Meg Rudansky, Esq.

(631) 725-4778

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Answered on 9/13/00, 8:13 am
Jason Stern Law Offices of Jason Stern

Re: NYC Probate Question

The tax waiver forms take less than FIVE MINUTES to prepare. Tell the lawyer to take a hike. Find an attorney to assist you and set a FLAT FEE for his services. For follow-up contact me at 212-208-2470. Best of luck.

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Answered on 9/25/00, 4:16 am


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