Legal Question in Wills and Trusts in New York

Posting Bond for a Will and no responses from my lawyer

My mom passed away in August. I brought her will to a lawyer. The only asset she was leaving was her apartment to her 5 grandsons. 8 months have passed and I still don't have a Letter of Testamentary so that I can sell it. My lawyer when I last spoke to him on February 24 told me I had to post bond. He said he will send me an application. As of now (April 2) I still do not have that application. I called the lawyers office and the secretary told me it was sent to me on March 16. I never received it. I've been calling for the past 3 weeks, 5 times a day, and my lawyer never returns my calls. I don't know where to turn. I have been paying the rent on my mom's apt. for the past 8 months and it is getting to be a very big expense. I cannot sell it without the letter of testamentary (I am the executor). My lawyer won't call me back, I never posted the bond yet because I never received the application from the lawyer. I don't know where to turn.


Asked on 4/02/07, 7:30 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Posting Bond for a Will and no responses from my lawyer

I agree witgh Tanya, but add the following. Who has the original Will. If you do, or it is returned to you, you can by-pass the attorney and probate the Will yourself (easy procedure and the Surrogate's personnel can assist you). I am a little surprised, since most Wills contain a clause eliminating the bonding requirement for the Executor. This is unusual, but not a major problem. Any insurance company issuing this type of bond has a relatively simple application form and the bond can be issued quickly. If required, you will need it in place before the Letters Testamentary can be issued. It is another cost you will have to up-front, but all expenses you advanced, including the costs of maintaining the apartment, can be reimbursed to you once it is sold. Once all is in place, I would consider reporting the attorney to the local Bar Association, for his/her failure to assist you or respond to your calls.

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Answered on 4/03/07, 12:34 pm
Michael Moberg Moberg & Associates

Re: Posting Bond for a Will and no responses from my lawyer

I agree. It is very unprofessional. Should you need assistance, you may contact me at anytime for a complimentary consultation. Good Luck!

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Answered on 4/03/07, 1:29 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Posting Bond for a Will and no responses from my lawyer

Send a written request to the attorney by regular and certified mail. Tell your attorney that unless you hear from him/her within 7 days, you will be requesting your file because you will be dismissing his/her services and retaining another counsel.

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Answered on 4/02/07, 11:52 pm


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