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Letters Testamentary and Trusteeship

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What is the name of your state? New York

I am the executor on my mother's estate. Probate has just ended and I now have the ability to sell my mother's apartment. I went to the Manangement office yesterday (its a co-op) to fil out the papers to be able to sell my mother's apartment and showed them a copy of the Letter Testamentary. They told me they need the original. I called up my lawyer and he said he'll send it to me but he was really holding it until the closing when I sell. But since I need now it he'll send it. He also has the original Letters of Trusteeship and my original Certificate of Appointment as Trustee for the miinors that are to inherit the estate. I asked him for those papers and he won't give it to me until the closing. Does he have a right to hold onto these or if I request them is he supposed to give them to me.
 


You Are Guilty

Senior Member
What is the name of your state? New York

I am the executor on my mother's estate. Probate has just ended and I now have the ability to sell my mother's apartment. I went to the Manangement office yesterday (its a co-op) to fil out the papers to be able to sell my mother's apartment and showed them a copy of the Letter Testamentary. They told me they need the original. I called up my lawyer and he said he'll send it to me but he was really holding it until the closing when I sell. But since I need now it he'll send it. He also has the original Letters of Trusteeship and my original Certificate of Appointment as Trustee for the miinors that are to inherit the estate. I asked him for those papers and he won't give it to me until the closing. Does he have a right to hold onto these or if I request them is he supposed to give them to me.
Have you paid his fee yet?

In any event, just go down to the Surrogates Court where they were issued from and get more originals. If you're in NYC, its at 31 Chambers St. Go to the clerk on the 5th floor and tell them how many copies you need. (It used to be $6 per copy, but I'm not sure if they've since changed their prices.)
 
No. I havent paid him anything and have no idea what I owe. I have been asking for statements and I never get them. This has been going on since last August when I hired him to take care of my mothers will. It is also very hard to get in touch with him because he never returns phone calls. Sometimes I call days at time and still no return calls. I am also thinking of getting a new attorney to handle the closiing when I do sell (this one of many reasons). Could that new lawyer request the papers and my file?
 

Dandy Don

Senior Member
Your current attorney's actions are somewhat suspicious in that he is not being totally honest and forthcoming with you. Without evidence I don't want to accuse him of any wrongdoing, but you may want to consider having a second attorney review his actions to make sure no theft or misappropriation has occurred or firing the old one and retaining a new one.
 
Thanks. That is why we are planning on getting a new one when we sell. I really don't want to call him and tell him verbally he is fired. Can a new attorney take care of this for me and tell him he is taking over the case?
 

Dandy Don

Senior Member
Discuss this with your new attorney. Don't you at least owe the man verbal notice in view of the work he has done for the estate? It won't be considered an official firing unless it comes from your mouth and you should also send him written notice, but if you don't want to confront him personally perhaps your new attorney can handle this for you.
 

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