Estate Atty not giving me my inheritance!!!

[Gettingrippedoff]

Jurisdiction

New York

I inherited a substantial sum of money. The money was held in a trust that was set up so that the estate did not have to go through probate. My mother died September 2018 and the estate atty still has not handed over the money to me. I am a beneficiary and my brother is the executor/trustee. The estate atty has been tasked with collecting the money (it's in 10 different financial accounts). I have seen the documents required to have to redeem the money - there is nothing to them - they are simple. It would take no more than 15-30 minutes to fill them out. So we are talking of a measly 5 hours worth of work yet as of May 15th (8 months later) the atty had not requested some of the accounts to be redeemed.

There are no extenuating circumstances or hurdles to redeem the money. All tha thas to be done is to fill out the simple paperwork on 10 accounts that would take no more than 5 hours total yet it's 8 months and atty has still not filed some of the paperwork to redeem some of the funds. The atty says he can't distribute any money until he has ALL of the money as there is a minor beneficiary who is due a small percent. Atty says he can't calculate percentages until he has all the money - though I don't know why he can't just get the balances verbally.

My brother doesn't care how long it takes - he's already rich and does not need the money and we are estranged. I don't know why he didn't just file the papers himself. I filed a complaint w the NYS grievance committee but they refused to investigate. IT might be because I am not a trustee. The atty does not return my telephone calls or emails. I really am totally steamed. What recourse do I have?

 

[Zigner]

I inherited a substantial sum of money. The money was held in a trust that was set up so that the estate did not have to go through probate. My mother died September 2018 and the estate atty still has not handed over the money to me. I am a beneficiary and my brother is the executor/trustee. The estate atty has been tasked with collecting the money (it's in 10 different financial accounts). I have seen the documents required to have to redeem the money - there is nothing to them - they are simple. It would take no more than 15-30 minutes to fill them out. So we are talking of a measly 5 hours worth of work yet as of May 15th (8 months later) the atty had not requested some of the accounts to be redeemed.

There are no extenuating circumstances or hurdles to redeem the money. All tha thas to be done is to fill out the simple paperwork on 10 accounts that would take no more than 5 hours total yet it's 8 months and atty has still not filed some of the paperwork to redeem some of the funds. The atty says he can't distribute any money until he has ALL of the money as there is a minor beneficiary who is due a small percent. Atty says he can't calculate percentages until he has all the money - though I don't know why he can't just get the balances verbally.

My brother doesn't care how long it takes - he's already rich and does not need the money and we are estranged. I don't know why he didn't just file the papers himself. I filed a complaint w the NYS grievance committee but they refused to investigate. IT might be because I am not a trustee. The atty does not return my telephone calls or emails. I really am totally steamed. What recourse do I have?

As I stated on the other forum that you posted this to: Be more patient. The physical act of filling out the forms is easy, but there are often other legal considerations that need to be examined and dealt with before it gets to that point.

 

[zddoodah]

I inherited a substantial sum of money. The money was held in a trust that was set up so that the estate did not have to go through probate. My mother died September 2018 and the estate atty still has not handed over the money to me. I am a beneficiary and my brother is the executor/trustee.

You're mixing terminology. "Inheritance" refers to money received from the estate of a deceased person. Money you receive as beneficiary of a trust doesn't really have a label. Also, the person in charge of a trust is the trustee. An executor is the person in charge of a probated estate. If your mother's estate was never probated, then your brother isn't executor. Finally, the money would not come from the "estate atty," it would come from your brother, the trustee.

There are no extenuating circumstances or hurdles to redeem the money. All tha thas to be done is to fill out the simple paperwork on 10 accounts that would take no more than 5 hours total

Quick question: How many trusts have you administered such that you're apparently an expert in the process?

What recourse do I have?

Your issue is with your brother, not his attorney. I suggest you consult with your own attorney to review all of the relevant paperwork -- particularly the trust instrument. Only someone who is thoroughly familiar with the situation will be able to advise you intelligently.