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Lawyer does not return Phone calls

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What is the name of your state? New Yorki

My Mom passed away in August. I saw a lawyer at the end of August to take care of her will and file the necessary papers with the courts. The last I heard from him was in February when he informed me that the courts approved me as Executor but I must post a bond because my mother left her co-op apartment to her 5 grandchildren who would get the profits from the sale of the apartment and they want to make sure I will give them the money from the sale. In February the lawyer told me he would mail me the bond application. I never received it so I called his office on March 16 and was told by the secretary that the bond application was sent to me on March 15. It is now 3 weeks later and I still havent received it. I called 8 times last week and he never returns my calls. I complained to his secretary and she said he's always in court. Does this give him the right not to return phone calls? I don't know if he really sent out the bond application to me when he said he did or if it is lost in the mail. I don't know where to turn. He does not call me back and I'm in limbo. Meanwhile I am paying $700 a month rent on my mother's apartment since August. It is getting to be a very big expense for me. I cannot sell my mother's apartment until I have the Letter of Testamentary which I have to post bond first in order to get it. What do I do when the lawyer does not return my phone calls.
 


ladybg1

Member
Go to the lawyer's office or contact another atty to handle the estate for you. If you have to get a new atty-be sure to interview a couple with emphasis put on communication between you.
 

Dandy Don

Senior Member
Fire this incompetent and get another attorney. And then file a complaint with your state bar association.
 
Even though my lawyer has already filed most of the probate papers with the court already (since August) can I still fire him and another lawyer be able to pick up where he left off? The last correspondence I received from him dated 2/24, he said "We are in the process of making the necessary arrangements for the bond and we will also be submitting a decree in ccnformance with the Judge's decision to the Court. We will send you a copy of the Application for an Executors Bond as as soon as we obtain a copy from the bonding company." Also, does it take over a month to get an application? As I previously mentinoed I have no one to answer these questions because he does not return phone calls.
 

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