A
AndreaS
Guest
My mother-in-law died in January. The attorney for the estate contacted us, told us that there was no will, and she had left $$ in Totten Trust accounts in trust for my husband. On 6/29, there was a Hearing in Surrogate's Court (NY City). Attorney told us that as soon as the decree came through from the court, that we would receive our share of the estate.
Suddenly, he said that although he hasn't received the decree, we should retain his firm to represent us. He said that before we received any monies, we would have to file a NY State Tax Waiver, and have husband's signature guaranteed by a bank. When I asked him where I could get the Tax Waiver form, he said that it was pretty complicated, and would take a long time to file. I asked if there was a way to speed up the process, and he replied "Yes, hire our firm, for 2% of the total of your share, and I'll speed everything up." My question is - isn't it his job as Attorney for the Estate, to prepare all forms in a timely manner anyway? I feel as if we're being blackmailed - either pay him the 2%, or he'll deliberately slow everything down. We really need the $$ as soon as possible, and he knows this. Is he taking advantage of us? Or is this normal? He never mentioned this for all the months since February.
Is this Tax Waiver and Signature Guarantee really complicated & time-consuming? Or should I try to do it myself, save the 2%, and he will make sure we don't receive the $$ for months.
Oh, and by retaining his firm, he will have the right to endorse all checks received in our behalf, to be deposited into their escrow account, then he'll deduct the 2% for their fee and give us the balance.
Does this sound on the level to you?
Suddenly, he said that although he hasn't received the decree, we should retain his firm to represent us. He said that before we received any monies, we would have to file a NY State Tax Waiver, and have husband's signature guaranteed by a bank. When I asked him where I could get the Tax Waiver form, he said that it was pretty complicated, and would take a long time to file. I asked if there was a way to speed up the process, and he replied "Yes, hire our firm, for 2% of the total of your share, and I'll speed everything up." My question is - isn't it his job as Attorney for the Estate, to prepare all forms in a timely manner anyway? I feel as if we're being blackmailed - either pay him the 2%, or he'll deliberately slow everything down. We really need the $$ as soon as possible, and he knows this. Is he taking advantage of us? Or is this normal? He never mentioned this for all the months since February.
Is this Tax Waiver and Signature Guarantee really complicated & time-consuming? Or should I try to do it myself, save the 2%, and he will make sure we don't receive the $$ for months.
Oh, and by retaining his firm, he will have the right to endorse all checks received in our behalf, to be deposited into their escrow account, then he'll deduct the 2% for their fee and give us the balance.
Does this sound on the level to you?