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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55598
Experience:  29 years of experience practicing law, including tax and estate planning.
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It's been 3 years Since my Bros loss. Attny in charge say

Customer Question

It's been 3 years Since my Bros loss. Attny in charge say they can't get realized gains or losses from Vanguard to settle and submit to probate. My options ?
JA: What state are you in? It matters because laws vary by location.
Customer: NY
JA: Has anything been filed or reported?
Customer: All taxes and there have been some distributions.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Quickest way to settle?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Richard replied 8 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

This is ridiculous. First, the basis of any assets get adjusted to their fair market value at the date of death so if sold for those amounts, there would be no gain or loss. Second, Vanguard is great at providing all records of accounts. This attorney's actions are simply unacceptable. An estate, unless very complicated, should not take more than a year to administer and close. In your situation, I would put this lawyer on written notice by certified letter of the foregoing and let him know if he does not satisfy his fiduciary duty to get this estate closed within a short specified period of time and give you a full accounting of every dime in and out of that estate, you will be filing the petition with the court to have him removed and be asking the court to order an audit of the estate. Let him know also that: i) you want him to reimburse the estate for any and all fees he's charged after the one year period in which the estate administration should have been completed, and ii) that if this is not timely done to your satisfaction within a short specified period of time, you will also be filing a formal ethics complaint regarding his behavior with the state bar association.

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