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  1. #1
    rm10040 is offline Junior Member
    Join Date
    Aug 2005
    Posts
    1

    Attorney Quit Case!!

    What is the name of your state? New York
    My father died nearly two years ago leaving behind a very small estate. I have three other siblings that admit tingly been a nightmare to deal with (calling attorney frequently).

    In a nutshell:
    - Attorney sent out all accounting of estate (listing assets vs. liabilities) and all siblings agreed and signed off on (his fee was included & listed as paid)
    - Attorney sent a payout of the residual monies to three siblings PRIOR to paying all liabilities
    - Third sibling calls to question where payout is & attorney states a portion of life insurance not received & unable to pay all liabilities (sibling kept a portion of funds)
    - Questioned Attorney on sloppy bookwork & he becomes angry
    - Attorney stops accepting telephone calls
    - Three siblings receive notice from a process server that attorney resigned from case

    My questions:
    a) Can an attorney quit after taking his fee and without attempting to work out a solution?
    b) What rights does the estate have?
    c) Is the executor responsible for any of this?
    d) Can the executor also quit at this time?

    Any assistance will be a HUGE help!!

    Thank you in advance!
    undefinedATTORNEY QUIT CASE!!
  2. #2
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    Posts
    9,495
    You can't blame him for quitting if the lack of cooperation makes completion of the estate impossible.

    So what if there is sloppy bookwork--if the beneficiaries have not been financially harmed by it, that is not much of a complaint.

    What was the source of the "residual monies" paid to the three siblings before liabilities were paid? If it was insurance money, then that money passes outside of the estate and his actions were proper.

    Get another attorney and fire this one. And then file a complaint against him with the New York State Bar Association.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

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