My mom died earlier this year. I sold her sole asset, a house, shortly thereafter. I have one sibling.
At the closing, I received a check from the buyer for 1/2 of the sale price. However, I received no closing binder from the lawyer. My brother's share went into a trust managed by the same lawyer.
1. At the closing, the lawyer said he did not file for an estate tax id for my mom's estate. He used her Social Security Number (SSN). He told me to use that same number to open an estate bank account in order to deposit her tax refund. The compliance unit of the bank called me to say it was incorrect to open the estate account with my mom's SSN.
2. On top of this, I read online that this lawyer needs to file a New York State estate tax return because the sale of the house was over the limit. The lawyer previously told me that he didn't have to file any estate tax returns.
3. Finally, I had wanted to buy out my share of the house from my brother but this same lawyer told me that without my brother's consent, I could not do it. According to the lawyer, my brother did not consent and I had to find an outside buyer. I have since learned I could have bought him out as long as I was paying market value--which was what I had offered.
What if anything can I do with this lawyer? My executorship will end in NOvember. He has not replied to my phone calls and I have resorted to faxing him to no avail. Can I fire him? Would another lawyer be willing to close my mother's estate even though I sold her sole asset? Should I file a grievance with the NY State Bar Association? Thank you.
At the closing, I received a check from the buyer for 1/2 of the sale price. However, I received no closing binder from the lawyer. My brother's share went into a trust managed by the same lawyer.
1. At the closing, the lawyer said he did not file for an estate tax id for my mom's estate. He used her Social Security Number (SSN). He told me to use that same number to open an estate bank account in order to deposit her tax refund. The compliance unit of the bank called me to say it was incorrect to open the estate account with my mom's SSN.
2. On top of this, I read online that this lawyer needs to file a New York State estate tax return because the sale of the house was over the limit. The lawyer previously told me that he didn't have to file any estate tax returns.
3. Finally, I had wanted to buy out my share of the house from my brother but this same lawyer told me that without my brother's consent, I could not do it. According to the lawyer, my brother did not consent and I had to find an outside buyer. I have since learned I could have bought him out as long as I was paying market value--which was what I had offered.
What if anything can I do with this lawyer? My executorship will end in NOvember. He has not replied to my phone calls and I have resorted to faxing him to no avail. Can I fire him? Would another lawyer be willing to close my mother's estate even though I sold her sole asset? Should I file a grievance with the NY State Bar Association? Thank you.
