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NY Probate Problem

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A

Advocacy

Guest
A woman is deceased in the year approximate 1997-98 in NY State.

A probate is contested subsequently by the ex-husband of said deceased.

An attorney for a client in the contest is advised to "hide" for several years from the court and ex-husband a bank book containing $15Gs belonging to the deceased.

The bank book assets are never admitted into probate. The ex-husband of the deceased and the court are not advised about the hidden pass book and the probate is closed.

Would the lawyer be liable for his handling of the matter should such sensitive information be found out by the court ?

Or, is his client liable for hiding the assets from the court and ex-husband of the deceased ?

 


A

advisor10

Guest
JULY 30, 2001

DEAR ADVOCACY:

Please post this question on the http://www.lawguru.com website so you will more likely get a response from a New York attorney.

Yes, both are liable. But can you prove (with documentation) that the attorney advised his client as such? If not, your focus should be on making sure the probate court knows about the existence of these funds so the probate case can be reopened and distribution made to the proper parties. Are you sure that the money hasn't already been spent?

[email protected]
 

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