Millbrook, NY asked in Estate Planning for New York

Q: Disappearance of lawyer. Can we close estate without her? Or can we access the bulk of the funds?

My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the executor, write checks to us for the bulk of the estate while we go through the process of finding another lawyer or can we even go to the surrogate court and close out the estate without a lawyer?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.

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