What to do when a lawyer/executor takes too long in closing an estate?

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What to do when a lawyer/executor takes too long in closing an estate?

I am a guardian of a named beneficiary in the estate of my deceased mother-in-law who passed away 3 years. The executor of the estate is a lawyer whom she knew. All property in the estate has been liquidated as of the beginning of last year. The assets have not been distributed. I have corresponded with the lawyer on several occasions and have repeatedly been told that he has not had time to complete the closure. What would be appropriate to conclude this matter quickly?

Asked on August 4, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  I have to say first that probating an estate in New york can be very complicated and take a long time in general.  But the way that you have phrased the question here makes me wonder too what is going on.  The attorney is playing a very dangerous game here because courts keep a watchful eye on attorney/executors these days because of those that abused the power from years past.  An attorney/fiduciary has to make the time to complete the estate.   So I would either have another attorney write a letter for you on a flat fee basis asking for an accounting and closing of the estate or I would request that the court conference the matter and demand an accounting.  Good luck.


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