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Closing Out Estate In NY New York

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  • Closing Out Estate In NY New York

    My mother died in 2002 and after 2-1/2 years of acrimonious litigation, the estate was finally probated by the Appellate Court after a unanimous decision to grant me Summary Judgment (which should have been granted the first time I applied to Surrogate's Court, but that's another story.) Our firm, however, after doing a horrifically inept job and costing us many $ and untold aggravation, has basically decided they will do nothing further for us, even though they benefited handsomely from their ineptitude, and even though it's a simple task.

    I am the executor, but have no idea how to close out this estate. I am the only heir at this point, and can write myself a check. But I won't do so until I can immediately have the books closed on the estate. Can someone please help by letting me know how to have probate closed? I am in FL and the estate is in NY. I do not live there, obviously, so know of no way to convince a lawyer (WHAT lawyer, even - I don't know any lawyers in the area, and am loath to trust them now!) to take this on for the simple matter of routine closure.

    Is there any way I can do this myself? Filing the taxes every single year is a chore, and I would like it over and done with. I have still not taken any money in all this time - going on 6 years. The legal fees so far have been ruinous - upwards of $100K, so I'm not enamored with the idea of having to deal with another attorney regarding such a simple matter.

    I know it's probably a matter of filing a form, but although I have researched this on the web, I can find no such form. Can anyone help? I will be more grateful than I can possibly convey.
    Last edited by baricat; 01-29-2008, 08:46 AM.

  • #2
    Call the NY Surrogate's Court and ask them to send you the form. File a final tax return. Write yourself a check. Close bank account. End of story.

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    • #3
      That's IT???

      Can you tell me if you're a practicing probate attorney in NY State? I'm certainly not meaning any disrespect to you, but it would help me to know if you have the experience for giving this advice. I had no idea it would be that simple. I sure hope you're right. Thank you for responding, in any case. I had just about given up hope of hearing anything on this matter.

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