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dkennedy
dkennedy, Attorney
Category: Estate Law
Satisfied Customers: 6009
Experience:  Attorney at Law
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I received a court order to comply with rule 207.20(NY State).

Customer Question

I received a court order to comply with rule 207.20(NY State). I am an only child and all of the assets have been distributed. My lawyer states that I don't have to comply and to ignore the letter. I am concerned that the advice is not right. What should I do?
Submitted: 5 years ago.
Category: Estate Law
Expert:  dkennedy replied 5 years ago.

dklawyer :

Hello,

Customer:

hi

Customer:

i did not get an answer

dklawyer :

If your lawyer has seen the order and knows the situation, I would follow his or her advice. Many times in provate matters, automatic orders are just sent out with a preprinted signature just to make sure that everything is completed and done according to the law. Since, according to your attorney, you have already complied, I do not think anything is wrong.

Customer:

However, according to the courts there is no record of the accounting. I was appointed as administrator and not sure if we need to pursue this. Don't want to be held in comtempt.....

dklawyer :

If you are unsure, you might want to have an indepth conversation with your attorney and have him/her explain the order. In every type of case, automatic orders come out and this is apparently one of them.

dklawyer :

Did you do an accounting on the forms prescribed? or was the attorney supposed to do it?

Customer:

Attorney was supposed to do it. According to him, we did this when the estate was first opened. And now, we don't have to do it again since all assets were distributed.

dklawyer :

Have you physically gone to the courthouse and looked at the file?

Customer:

no, i have not.

dklawyer :

You might want to do that to satisfy yourself.

Customer:

I see. If this was not done, is this a big issue to ignore?

dklawyer :

A case like this is not an issue because no one is going to fight you for "who got what" or "mom promised me this" type of thing. Let it go, just talk to your attorney one more time, look at the file and then close the book on this. You are fine, i'm sure.

Customer:

ok, that's what I thought. I think this is to continue to keep me as admin if required.

dklawyer :

And just to make sure all the loose ends are tied up. And it sounds like they have been. Don't worry. But, do what I suggested so that you have no more doubts that something is yet to be completed. I am sure you will then feel better.

Customer:

Thanks so much for you answers!

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