What to do if I was asked to defer part of my inheritance?
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What to do if I was asked to defer part of my inheritance?
My friend recently passed away and left a certian amount of money to me. The attorney who is handaling the Will is also a friend of the deceased. My friend had no one to leave anything to. I worked for her as a nurse-aid for 2 years but knew her for 5 years. Recently I called the attorney in reference to the inheritance and was told that my friend was short on funds so was I willing to accept half of what I was entitled to for now? How can I be sure that the rest of the inheritance will be given to me? None of this sounds right,
Asked on February 2, 2013 under Estate Planning, New York
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Seek probate litigation counsel right away to advise you and assist you. and also consider filing a complaint with the state bar, the licensing agency for your state, against the attorney handling the will, as the attorney should have advised you to seek independent counsel to advise you in review of the offer when making this offer. His offer to you appears to be serious violation of ethics and is reportable, which leads me to think a further offense may have been committed by the attorney re the management of the funds in the estate. You should generate a further investigation as to whether his managwemnt of the estate/will is within the statutory rules re fiduciary duty to the marshalling the assets of the estate for the benefit of the beneficiaries of the will. Don't let him push you on this serious matter, and keep silent as to your intended actions.
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