Legal Question in Wills and Trusts in New York

My parents died 5 years ago in NY State. My 2 sisters, brother and I had hired a law firm to probate the will. My older sister hired her own. Nothing was contested but there were issues. We each were willed a piece of property but the estate was a mess, lacked cash, and due to many delays, bills accumulated. With 2 law firms, legal costs were also quite high. In 2010, my 2 sisters, brother and I were told to sign the final agreement within 2 weeks and send it along with our share of cash payments to our law firm. We did so as directed. Two years later and my brother-in-law has not signed the paperwork and his lawyer is now claiming the calculations are incorrect and my sister and I owe thousands more to the estate. In the meantime, deeds have been transferred, including to my brother-in-law who has not even signed the agreement, and we have been covering taxes, insurances and bills on these properties. My brother-in-law's lawyer is now threatening to take us to court which will cost thousands I do not have. I am a teacher with 2 kids in college. I can't afford this and do not need the property inherited. How does one stop this mess which I think is all greed? Are there no laws covering people when lawyers are hired in good faith to complete a job and NOT have clients sign papers that trap them! I never would have signed paperwork had I realized the costs! It took me 3 years to save what I have already sent for my apparent share. Now that sum and more is being demanded again! I am desperately needing information on where I can get help in your State. This has to be wrong.


Asked on 12/13/11, 6:16 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

I agree this is a mess, and some fault may lie with the attorneys for not handling this properly and seeing it was done correctly. Thus, there may be malpractice claims against the attorneys. It may be that only litigation can resolve this, although mediation may be less costly.

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Answered on 12/14/11, 10:26 am


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