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Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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My father died in Nov 1997 Mario M. Lemoncello I was never

Customer Question

My father died in Nov 1997 Mario M. Lemoncello
I was never notified by my step mother that I was to be trustee over his house and 3 trust accounts set up by my father in his children's names. Sue Lemoncello has all the information on the accounts and will not surrender. Sue left my fathers house empty for 2 years. She tried to sell but could not. My brother found out the house was going to be auctioned off due to back taxes. I want to know if there is a time limit to this case.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

When did you discover that you were appointed as trustee to the estate?

Customer: replied 1 year ago.
Never from Sue. she tried to sell my fathers house, 2010 I think, She called and offered me a deal. I could have the house if I would agree to give her 2/3 of the accounts. I had to go through all kinds of papers after my husband died and found a copy of Mario's will given me the house and the accounts. I was to let Sue live in the house as long as she wanted. I was to give her funds from the accounts if all of her personal funds were gone. I have to go to work will continue in the AM.
Expert:  Attorney2020 replied 1 year ago.

As trustee you still have the ability to manage the estate per the terms of the trust so it should not be too late to take action. However, 5k to "look at" the case is absurd. You need to find a more reasonable attorney that will look at your case for free and the 5k should simply be the retainer or flat fee to start pursuing the matter. A 5k look at fee is unreasonable and appears to be egregious. Look for an attorney who may engage in a flat fee representation for a specific result.

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