NY State law of filing in probate

Asked by G Dolan, New York, NY Mon Sep 22, 2008

My 82 year old mother is the sole heir of her friend's estate of 75 years. Her son is the named executor. The attorney, which is also her attorney has had the death certificate since January. There is no real estate involved. He has not filed the death certificate in probate court Queens county and keeps telling the named executor that he has hired another lawyer to track down long lost relatives and have them review the family tree. He got this tree back and told the named executor that it has been done wrong, and has to now send it to another living member on the tree.

What legal procedures can be taken against this NYC lawyer. My mother has stated to me that she believes he is hoping she will die. She has had breast cancer this year, and due to the stress, her blood presure keeps rising.

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Pascual Paul Tarrats’ answer
Pascual Paul…, Agent, Bronx, NY
Mon Sep 22, 2008
This should not be confused with legal advise. That comes from an attorney only. My Suggestion is you get another attorney to see if the matter is being handle correctly.
Who hired the attorney? Seems that if the executor wishes, he can fire the attorney, and hire what he feels is a probate attorney with more experiance in that field.Not with so close ties, it might cloud his judgement. Just a suggestion.
Web Reference:  http://Paulmvpteam.com
2 votes
Chris L. Chr…, , New York
Mon Sep 22, 2008
Hire an estate attorney for your mother and her heirs.
I have successfully recommended Bill Parkas to my clients at McCoyd, Parkas & Ronan LLP, Garden City.
They are a medium sized firm specializing in estate work.
His email is bparkas@mprlawyers.com. Phone 516-877-7000
Good luck.
1 vote
Jolie Muss, , Upper West Side, New York, NY
Sat Sep 27, 2008
G Dolan,
Your mother must hire a different estate attorney to represent her as using the estate's attorney is a conflict of interest. That attorney may have his own reasons for stalling especially if he was in charge of the business affairs of the deceased. That seems like a very long time to file probate but maybe it's being done to confuse possible heirs (some who may not have not been contacted) who might contest the will..I say this only because this was done to me years ago; the estate never contacted me even though I was a first degree relative and even though I hired an attorney (out of the phone book) to stay on top of the probate filling, they never told me the probate had been filed until months after and then only notified me by mail and sent it to the wrong address....It was too late to contest it by then..
0 votes
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