Harmony123
Junior Member
What is the name of your state (only U.S. law)? New York
When my mother died I tried to handle the probate myself since it's a very small estate. However, without the Letters Testamentary I can't get the items from her safety deposit box or her modest bank account. When I went to file the papers, the intake clerk at Surrogates Court told me I couldn't get those letters because the will wasn't notarized. However, she said this defect could easily be remedied with two affadavits of witness--and two out of the three witnesses were the attorney and his partner.
So, I got a certified copy of the will, and the two affadavits, and dropped them off at the attorney's office. It has been several weeks, and every time I've called, he's told me he'll "read it over the weekend" This isn't a complex legal matter. It's a 3 page stock will he prepared (incompetently it looks like, though I haven't said that to him) and a one-page affadavit of witness form straight from the Surrogate's Court I'd assume he'd be familiar with in practice.
I'm not an attorney myself, and am not sure what to do. I've talked to Surrogates Court asking if anyone can tell me if I can supponea him and how to do it, but so far I haven't gotten answers. I tried calling Legal Aid, and they told me no attorney will go against another attorney and that this is a matter for the New York Bar. I have the forms of complaint, but don't want to take that step yet. Among other things, my aunt's will is in the safety deposit box and was also prepared by him--and I suspect it will turn out defective too.
I'm thinking of writing a letter telling him my next step will be to report him to the bar. But I hate making this an adversarial thing, and am not sure exactly what note/tone to take with him to expedite it. In the time it took to read any letter, he could check the boxes on the form, sign it in front of a notary and get this over with--but instead he's been blowing me off for weeks. Suggestions?
When my mother died I tried to handle the probate myself since it's a very small estate. However, without the Letters Testamentary I can't get the items from her safety deposit box or her modest bank account. When I went to file the papers, the intake clerk at Surrogates Court told me I couldn't get those letters because the will wasn't notarized. However, she said this defect could easily be remedied with two affadavits of witness--and two out of the three witnesses were the attorney and his partner.
So, I got a certified copy of the will, and the two affadavits, and dropped them off at the attorney's office. It has been several weeks, and every time I've called, he's told me he'll "read it over the weekend" This isn't a complex legal matter. It's a 3 page stock will he prepared (incompetently it looks like, though I haven't said that to him) and a one-page affadavit of witness form straight from the Surrogate's Court I'd assume he'd be familiar with in practice.
I'm not an attorney myself, and am not sure what to do. I've talked to Surrogates Court asking if anyone can tell me if I can supponea him and how to do it, but so far I haven't gotten answers. I tried calling Legal Aid, and they told me no attorney will go against another attorney and that this is a matter for the New York Bar. I have the forms of complaint, but don't want to take that step yet. Among other things, my aunt's will is in the safety deposit box and was also prepared by him--and I suspect it will turn out defective too.
I'm thinking of writing a letter telling him my next step will be to report him to the bar. But I hate making this an adversarial thing, and am not sure exactly what note/tone to take with him to expedite it. In the time it took to read any letter, he could check the boxes on the form, sign it in front of a notary and get this over with--but instead he's been blowing me off for weeks. Suggestions?