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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33702
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My lawyer applied letter of testamentary after my husband

Customer Question

My lawyer applied for a letter of testamentary for me after my husband died so I can get the money from his late mother's estate account at our bank(he had a letter of testamentary to open that account)....this was in Sept. of 2014. It is being processed by the surrogate court in Brooklyn, NY.....every time I call him to find out the status of this he just tells me the courts are backed up and I just have to wait. I just want to know if there is a way my lawyer can contact the surrogate court to see if they still have it (what if it was lost?), and the status of the request? It seems to be an inordinately long time....when my late husband got his letter, it only took about 3 months. Thank you.
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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To be honest, it sounds like your attorney is not pursuing this very aggressively because that is an inordinately long amount of time for letters testamentary to be issued. This makes me think that he may not have actually filed any request yet..

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I would suggest contacting the local Surrogate Court and asking them if a case has been opened in your husband's name and what its status is. If there is not one open, then you need to confront your attorney and see what his explanation is. If he isn't able to adequately explain the situation, then you may have to threaten filing a Bar complaint for misconduct for his failure to act.

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So I would call the court directly and then confront your attorney with the results of the call...

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thanks

Barrister

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