Estate atty not giving me my inheritance!

[justalayman]

I absolutely do know that it's a straighforward trust - that avoids probate and all that has to be done is to fill out one form per account that takes only 15 minutes and send it in with the death certificate and trust verification. I am not IMPLYING I am flat out stating

YOU are the one who does not know any details and therefore it is YOUR post here that is out of line! I know when I am being screwed by the atty and I know for a fact that he's incompetent, lazy or simply doing this to run up fees on us!!!

Am I clear on that?

So you know the attorney is incompetent ? You’ve just stated here that is not true



THE ATTY IS INCOMPETENT, LAZY OR JUST DOING THIS TO GOUGE US ON THE FEES!!!


Stating he is incompetent is not a multiple choice question.



But I’m not going to argue with ya.


Chase whatever you want I’m out.

 

[Gettingrippedoff]

So you know the attorney is incompetent ? You’ve just stated here that is not true



THE ATTY IS INCOMPETENT, LAZY OR JUST DOING THIS TO GOUGE US ON THE FEES!!!


Stating he is incompetent is not a multiple choice question.



But I’m not going to argue with ya.


Chase whatever you want I’m out.

Idiot - he is one of the three! Does it really matter which one he is? OR HE COULD BE ALL THREE NOW COULDN'T HE?!!!! They are not mutually exclusive! duh???

 

[Gettingrippedoff]

So you know the attorney is incompetent ? You’ve just stated here that is not true



THE ATTY IS INCOMPETENT, LAZY OR JUST DOING THIS TO GOUGE US ON THE FEES!!!


Stating he is incompetent is not a multiple choice question.



But I’m not going to argue with ya.


Chase whatever you want I’m out.

NO - you're arguing with me and all butt hurt cause you're wrong.

 

[Dandy Don]

The estate attorney and the trustee have different responsibilities. The estate attorney handles probate matters and the trustee handles the trust matters. Since you said the accounts are titled in the trust, the estate attorney has no legal authority with the trust and therefore CANNOT BE AND IS NOT RESPONSIBLE FOR ANYTHING THAT IS CONTROLLED BY THE TRUST. Since the attorney CAN NOT sign off on this paperwork, it will do you no good to try to go after the attorney. The TRUSTEE is the only person who can sign off on this paperwork and you should find an attorney who can send the trustee a warning letter (on your behalf) that if he doesn't comply that he will be facing breach of fiduciary charges. Maybe that will motivate the trustee to go ahead and do what he is supposed to be doing.

If this is in New York, you can also file a complaint against the attorney with the New York Bar Association where you can complain that he supposedly is "stringing you along to get more fees". It remains to be seen whether they will penalize him or not penalize him for doing anything wrong, but you may succeed in getting him to explain his side of the story and the facts of the trustee's lack of responsibility will come to light and you can proceed from there.

 

[Gettingrippedoff]

Thanks for all the help and replies! It's helped. Here is what I have learned. My brother should have just redeemed the accounts himself instead of having the atty do it and so I get the short end of the stick and in atty world - (present company excluded- all due respect) it's fine and dandy to string a customer out for over 8 months and neglecting and not doing your duty.

I think there is more going on than you are aware of. I think you need to be a bit more patient.

So you're position is that I am to be kept in the dark, not informed of complications and that is ok and the atty and my brother are right to not let me know? WRONG!!! If there are some issues - it's their responsibility to inform me and until and unless they inform me of problems - then they get no slack for there "perhaps, maybe, could be" problems. Nope - no reported problems means no problems as far as I am concerned and they are still accontable for their actions. ASsuming there are/were problems - are you going to make excuses for the atty and my brother not returning my phone calls and emails? OH yea- that's when they could have informed me of any problems - but they didn't! so no problems as far as I am concerned! you don't get to claim that! Sorry!

 

[justalayman]

Idiot - he is one of the three! Does it really matter which one he is? OR HE COULD BE ALL THREE NOW COULDN'T HE?!!!! They are not mutually exclusive! duh???

One of the three what?

Go back and read what I was responding to. There was no three of snything there.

 

[justalayman]

NO - you're arguing with me and all butt hurt cause you're wrong.

Not even close dude. You obviously know nothing about me.

Oh, and the only person I’ve seen wrong here is you.

 

[Zigner]

... ... ....

 

[Shadowbunny]

Idiot - he is one of the three! Does it really matter which one he is? OR HE COULD BE ALL THREE NOW COULDN'T HE?!!!! They are not mutually exclusive! duh???

OP, please take your histrionics elsewhere if you can't be polite. Thank you.

 

[Gettingrippedoff]

The estate attorney may not be the problem, as the executor has no direct legal authority to handle or manage trust affairs.. The problem may be your brother, the trustee, who has the authority to distribute the funds from the trust. Is there any reason you can think of (spite? his dislike of you?) why he would deliberately want to delay paying you and other beneficiaries what is rightfully theirs? There supposedly will be specific instructions in the trust on what his duties are and he must follow those instructions as specifically as he can. Do you have a copy of the trust document that would explain when the payments to beneficiaries are to be made? If you do not have a copy of the trust, ask a trust attorney if New York law requires you to request (in writing) a copy of the trust from the trustee.

The executor and/or the trustee will need to look at exactly how the accounts are titled to determine whether the accounts belong to the trust or to the estate. If the accounts are titled to the trust, then the trustee is responsible for claiming those accounts.

Look at the trust to see if it requires that a trustee's bond be purchased or whether the trustee bond is exempted/not required.

Get an attorney to consult with/ask your questions. Have your attorney send the trustee a letter asking when can the beneficiaries reasonably expect to be paid and see how the trustee responds.

The accounts are in the name of the trust - I know that.

Nobody here seems to get my point MY DOOFUS BROTHER HIRED THE ATTY TO REDEEM THE ACCOUNTS INSTEAD OF SIMPLY DOING IT HIMSELF! If you hire someone to do a job - and they mess it up AND YES IT IS MESSED UP THERE WERE NO OBSTACLES OR SPECIAL SITUATIONS BUT SIMPLY THE ATTY HAD TO FILL OUT SIMPLE PAPERWORK - then the person you HIRED is at fault NOT the person who hired them!

I can't believe all of the covering up people want to do for the atty. On what planet is it whereby when someone who hired someone to do a job is blamed when the person who got hired DID NOT DO THE JOB!?????

Maybe in ALIEN ATTY PLANET WORLD but nowhere else does that fly!!!!

 

[Gettingrippedoff]

Not even close dude. You obviously know nothing about me.

Oh, and the only person I’ve seen wrong here is you.

Are you the guy who keeps saying that if someone hires someone to do a job, and that person does not do the job right - that the person who hired them is to blame? Is that you?

That's a novel idea. The only place I know where the person at fault is not the person who didn't do the job but the person who hired them is on planet mars!

 

[Gettingrippedoff]

OP, please take your histrionics elsewhere if you can't be polite. Thank you.

The only histiroinics here are the people who say that the person who hired someone to do a job is to blame instead of the person who was hired - and didn't do the job! That's a real novel idea that exists nowhere else in the world except in ALIEN ATTY WORLD PLANET!

 

[Gettingrippedoff]

OP, please take your histrionics elsewhere if you can't be polite. Thank you.

What is not polite is when people badger someone and does not listen to the facts and assumes the atty did everything right when it's been stated over and over the atty did NOT do ANYTHING right! Excusing an atty who after 8 months has still not filed basic paperwork is what is not polite!

 

[Gettingrippedoff]

OP, please take your histrionics elsewhere if you can't be polite. Thank you.

You told me to be polite in the same post where YOU were NOT polite. Hypocritical!

 

[LdiJ]

The only histiroinics here are the people who say that the person who hired someone to do a job is to blame instead of the person who was hired - and didn't do the job! That's a real novel idea that exists nowhere else in the world except in ALIEN ATTY WORLD PLANET!

I am sorry, but it really is your lazy brother, who instead of doing things himself hired an attorney to do it, who is to blame. He is the person responsible to you. The attorney is responsible to him but he is the person responsible to you. I understand your frustration but the person you should be expressing that frustration to is your brother.