Legal Question in Wills and Trusts in New York

petition for accounting of assets

Not all assets of my mothers estate were disclosed so I retained an attorney to petition for them.

5/02 court date attornies & trustee present

letter to clerk for ajdjournment to mid July because my attorney stated they were trying to settle things in '' an amicable fashion''

mid July Att. for Trustee sent to my attorney 2 boxes of copies of personal papers, misc. receipts, nothing really to determine assets, I found it unacceptable.

12/03 my att. quit just when my trust ended, did not close petition case did not notify court, I called my attorney and asked why it was left open and he said to me, '' Because you couldn't be satisfied''.

2/05 trustee attorney is attempting to file a ''final'' intermediate account under the petition file case #.

The attornies did not go back to court after having an adjournment in 7/02 I never got accounting of assets.

The period of account now claimed is from 12/23/00 to 12/31/04. My 3 yr, trust ended 12/03 and I have never received an account of trust, that was the same month my attorney quit. Is this legal? I'm pretty much drained financially but are there steps I can take as far as the court goes? Thank you, need help ASAP


Asked on 5/10/05, 2:33 pm

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

Re: petition for accounting of assets

YOU DO NOT SAY IF THE TRUST WAS CREATED DURING THE DECEDENT'S LIFETIME OR UNDER A WILL? EITHER WAY SHOULD NOT MATTER, BUT SEEING THE LANGUAGE THAT CREATED IT MAY HELP. YOU SHOULD HAVE THE RIGHT TO PETITION THE COURT FOR A FULL ACCOUNTING, EXPLAINING HOW YOUR ATTORNEY DROPPED THE BALL. I SHOULD ADD THAT, WITHOUT KNOWING WHAT YOU ARE LOOKING FOR, YOU MAY BE OVER-REACHING. YOU ARE CERTAINLY ENTITLED TO KNOW ABOUT YOUR TRUST, HOW MUCH IT WAS CREATED FOR, WHERE IT WAS INVESTED, WHAT HAPPENED WITH THE INVESTMENTS, ETC. ON THE OTHER HAND, I HAD A CASE WHERE THE HEIR WAS LOOKING FOR A LIST OF PERSONAL PROPERTY THAT DID NOT EXIST, BUT SHE CONTINUED TO DEMAND IT. SHE IS STILL IN COURT, PRO SE, SINCE I COULD NOT GET HER WHAT DID NOT NOR EVER EXISTED. MORE INFORMATION IS NEEDED TO GIVE YOU A BETTER ANSWER.

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Answered on 5/11/05, 7:50 am


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