What is the procedure for getting letters testamentary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the procedure for getting letters testamentary?
Son appointed trustee of his father’s Will. Father passed away. Mother gets son to sign documents making her a trustee. Mother then passed away. Her Will stating that everything is for the 2 sons, 50/50. Trust still in effect; cannot access without letters of testamentary according to Mother’s lawyer. Paid him $2,500, plus $600 per month in the last 4 months to get these letters. Still waiting. Is this correct procedure?
Asked on August 9, 2011 New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the ensuing problems. It is very difficult to say here what is correct and what is not without being able to look at the entire situation. Some estates take a very long time to sort out depending on the circumstances. So is it possible that it has taken this long to have the sons appointed fiduciaries? Maybe. And you agreement as to the funds paid as retainer, etc., needs to be reviewed. Generally estate work is done on a percentage basis (3% of the gross estate). But you seem very uncomfortable with what is going on so I would suggest you seek a consultation from another attorney to put your mind at ease. And you can go down to the court and take a look at the file yourself. It is a public record. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.