Legal Question in Wills and Trusts in New York

I have a question regarding my deceased husbands Estate. He was in a car accident and awarded an annuity to be paid over time. Before he passed away he borrowed most of the money due him. The insurance company that had to pay the annuity was taken over by another company and was located in one state and the company he borrowed the money from was also located in yet another state. Since there were 3 different states involved as we resided in a third state we were to have an interpleader in Federal Court.

The Federal Court Judge told all parties involved that before he heard the case he wanted the Estate to be probated in the court where the deceased resided. I was in the process of filing all proper paperwork in the courts to be appointed the administrator to the estate ( which I was appointed by Probate Judge ) and unbeknownst to me, at the same time, the children hired a lawyer who went to Federal Court and told the Judge he was representing the Estate. He lied and told judge he was taking care of probate ( which he never did ) for Estate. The Federal Judge , after being lied to, ruled on case and cut me out since I was under the impression, from advice by my lawyer, that no case could be heard without the Estate being first probated and didn�t go to Federal Court.

We sent a letter to lawyer stating I was the Administrator for the Estate and all proceeds from Annuity should be turned over to my lawyers escrow account till the Estate was be properly probated. Needless to say he ignored all attempts to get Estate properly probated and distributed money to 3 children knowing full well that there was unsettled questions as he appeared in front of Probate Judge in court on the matter.

My question is this , what are my options as I feel I�ve been treated unfairly.

1. How does this lawyer get away with this ? Lying to a Federal Judge, disregarding probate procedures and distributing funds . Shouldn�t this man be disbarred .

2. This process went on for approximately 4 years ! Did my lawyer screw up ? Should I go after him or both lawyers for some sort of malpractice

3. Are these lawyers responsible for all monies distributed or do they get to wash their hands and tell me to go after kids on my own.

4. Go to District Attorney ?

Very confused and irate over this want some advice and justice. No one can believe the events that have taken place. As I followed the proper procedures as presented to me by my lawyer the other lawyer totally did everything my lawyer said he couldn�t do and got away with his actions and I�m sure a nice payday for himself.

Dawn W


Asked on 5/30/12, 8:09 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

There very well may be fraud and negligence involved. You will need someone to review the entire file. You may also have an issue of laches and Statute of Limitations. Why the delay in pursing this?

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Answered on 5/31/12, 11:22 am


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