Bellmore, NY asked in Estate Planning for New York

Q: How do I know if a lawyer is mishandling an estate case? Person passed away in 2015, still not settled.

My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec of that year. My Aunt had a rent stabilized apartment, so no property was owned, but thought diversification meant spreading her bank accounts across NYC. Each time we hear from the lawyer, we’re advised it’s still a Partial Disbursement but that the it’s not the last one. In December we questioned & was advised, no, it’s not done yet. The executor of the estate is afraid to contact the lawyer as she believes every time she asks the lawyer will tack on his bill for just picking up the phone. Our concern is that the Executors health is not the best either. So we’d like for this to be settled before anything happens to her & causes more hiccups. It’s been over 6 years. Should we be concerned?

Related Topics:
1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.