Q: If I am filing for letters of administration for my mother, do I and what statement do I file under 22 NYCRR 207.16(e)?
My mother passed a few years ago and we need to provide letters of administration to her employer to be given the benefit of the pension she earned while working. I am filing a petition for the letters as her son, but I am also a barred attorney who works in the public sector. Do I file a statement under 22 NYCRR 207.16(e) for attorneys and, if so, what as I do not work for a law firm and am acting in my personal capacity, not as a lawyer.
A:
Hello, I believe you will still file it even though you are not acting as the estate attorney.
22 NYCRR 207.16(e) ...
If a person requesting letters to administer an estate as sole executor or administrator is also an attorney admitted in this State, he or she shall file with the petition requesting letters of statement disclosing:
(1) that the fiduciary is an attorney;
(2) whether the fiduciary or the law firm with which he or she is affiliated will act as counsel; and
(3) if applicable, that the fiduciary was the draftsperson of a will offered for probate with respect to that estate.
Also, full disclosure is always a safer bet.
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