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Assaulted by executor who is also my sibling

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mzrebroker

Junior Member
New York
My sibling and I are embroiled in a nasty surrogate court case as well as landlord/tenant. It started after I redeemed the house from foreclosure! She did not particpate, or even do anything to prevent. So technically the house is mine. After a month, I received a tersely worded letter from the attorney for the estate. Then it starts, the summones holdover preceeding, (even myself). I also had a real incompent lawyer, who never submitted the will or the new mortgage he just sold me down the river and I paid him to do it. The only thing he did was suggest I petition for the removal, of which I did. It has been before the surrogate court since 4/01/2011 we made the 1st court apperance 4/28/2011 and it was sent to conference on 6/09/2011 of which their has been no movement (to my knowledge) they are investigating some of my requests our mother had almost 8000 in her checking account which was spent in a month. This is a presumption though (the movement not the spent monies)I had to retain an attorney to get her to bring the house to probate. No communication throughtout the 3 years expect for scant emails. I was assualted in the vestibule of the home, in which I reside. She was arrested, I have a temporary restraing order as I was injured, I received a concussion. Can I just submit all of this to the surrogate court, asking if they can expedite the removal? She also failed to transfer the deed, nor did she settle any expenses(most I did). I just retained an attorney, as I being raked through the coals. Help please, I feel very much bymyself.
 


Zigner

Senior Member, Non-Attorney
New York
My sibling and I are embroiled in a nasty surrogate court case as well as landlord/tenant. It started after I redeemed the house from foreclosure! She did not particpate, or even do anything to prevent. So technically the house is mine. After a month, I received a tersely worded letter from the attorney for the estate. Then it starts, the summones holdover preceeding, (even myself). I also had a real incompent lawyer, who never submitted the will or the new mortgage he just sold me down the river and I paid him to do it. The only thing he did was suggest I petition for the removal, of which I did. It has been before the surrogate court since 4/01/2011 we made the 1st court apperance 4/28/2011 and it was sent to conference on 6/09/2011 of which their has been no movement (to my knowledge) they are investigating some of my requests our mother had almost 8000 in her checking account which was spent in a month. This is a presumption though (the movement not the spent monies)I had to retain an attorney to get her to bring the house to probate. No communication throughtout the 3 years expect for scant emails. I was assualted in the vestibule of the home, in which I reside. She was arrested, I have a temporary restraing order as I was injured, I received a concussion. Can I just submit all of this to the surrogate court, asking if they can expedite the removal? She also failed to transfer the deed, nor did she settle any expenses(most I did). I just retained an attorney, as I being raked through the coals. Help please, I feel very much bymyself.
Talk to your attorney.
 

mzrebroker

Junior Member
thanks

I have every intention of doing that, but after a very long day in court with insults being hurled at me I just was looking for a little sunshine.
 

tranquility

Senior Member
You're welcome. As to the rest, you have a complex legal situation and no one can advise without knowing all the facts and what has happened. Sorry.

Have your attorney(s) advised you the house was irrevocably yours? Did you get it out of foreclosure when it was owned by the estate?
 

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