Complaint Review: Acea Mosey - Buffalo New York

Here's what I think went on here: The sister was disinherited and thus challenged the will because so she could inherit under intestacy, which automatically gives each child a share. The reporter (Sandy) stood to inherit 50% of the estate under the will, and her share would drop to 33% at the most under intestacy, probably lower because the stepmother would get a significant automatic share as well. If a successful will contest would result in a reduced share for Sandy, then there is a conflict between the sisters, and the lawyer should not have represented both sisters absent a waiver, which Sandy states doesn't exist. That sounds like malpractice to me. Unless other property was used to satisfy the intestate shares of the other heirs, the portion of the business left after the stepmother takes her share should have been divided equally among the siblings, leaving each of them with 25% or less. Now, as to your brother's "president" status: if he and another shareholder had a cumulative interest of over 50%, then they could vote the brother into that position without your input. There may be laws, however, that would allow you to force the other owners to buy you out if you wish. At any rate, it really sounds to me like you need another lawyer. There's a big mess to be cleaned up here, and hiring your own counsel will probably be the only way to get it done.

Acea Mosey did not have me signed any affavidavit as to concernsof a sonflict of interest. Also, Acea Mosey lied about what I supposely said I wanted from my fathers estate. She never did in front of the courts. I have continually agrued with her that i have 50% now of the business and land and corporation. She wrote me a letter and said i said to her that i wanted to stay the same shares as the original will stated.. NOT TRUE>>> Would anyone in the right mind stay with the same shares when the rest of the family members are out of the division of this corporation and property. Now, she told me i have to make a will out before the shares are divided. My brother wants me to make a will out leaving everything to his sons. EXTORATION i would claim this to be. IT IS A MESS. i have left the business due to the physical and mental abuse from my brother and his family. My brother claims he is the President of this corporation and i better not come in there or he will have me arrested. IT IS JUST A MESS. The property should of be divided in Surrogates Court and put on record. Due to this not happening i have been fighting with this lawyer to do this. IT IS A NIGHTMARe. She has been paid in full.

no, she never had me signed anything about any conflict of interest. Nothing ever was discuss with me either. Yes, you are right the lawyer and the brother are the bad ones. We have been arguing since Surrrogates court because my brother demands that to divide the shares equally i must put my in my will for my part to go to his sons. I never told the lawyer that i wanted to stay with the original shares. this business and property should of been equally divided by the courts and it was not. I feel like i am being extorted to have my will say something to get my equal shares which should of been done by the courts and the courts did ask for a sign released from me on this matter. There is no signature anywhere of mine agreeing to anything except what the other siblings got and the wife of my fathers and that was said verbally in court. NOTHING was said for me. I keep asking why she said that this is the way it goes. You are suppose to have trust in your lawyer. I am a layman who does not know the law. I had to leave my business last year because of the physical and mental hassles from my brother. It is almost a year. Like i said he claims he is the coporate president and he said i can not come in there or he will have me arrested. IT IS A MESS FROMT HE INSUFFICENT COUNSEL. When there is a property division that should of been done in front of the Judge. I NEVER TOLD HER THAT I WANTED TO STAY WITH THE SHARES THAT WERE IN THE WILL. NO ONE IN THE RIGHT MIND WOULD DO THAT.I HOPE THIS HELPS. I AM TRULY IN A MESS.

There is a possibly conflict of interest, the question is whether the lawyer obtained an informed waiver of any potential conflict of interest and whether the lawyer has breach the duty of loyalty of one client to another. The report is still utterly confusing, but it sounds like the bad guy is the brother, not necessarily lawyer. If I understand things, dad died and one of the daughters successfully challenged the will and so the estate was to be distributed under the laws of intestate succession. What I can't determine is whether poster has any control over the business or if the brother has taken over without her authorization.

I was going to speculate to this, but didn't want to say anything erroneous. Thanks to Carl for affirming my speculation. Per representing you and your sibling, the lawyer is operating within ethical bounds so long as there is no conflict between the two of you. If your interests coincide, then it would be perfectly normal, if not advantageous for the attorney to represent both of you. If your sibling's goals are in conflict with your own, or if there is a potential for conflict, then the same lawyer should not be representing the two of you. I wonder, however, why you didn't think this was a bad idea when you opted for this attorney's representation? Furthermore, many states allow for virtually any capable individual to act as administrator provided there is no administrator designated in a valid will, especially in circumstances requiring a "special administrator." Under many administrator statutes the process of becoming an administrator is nothing more than a "race to the courthouse," and a judge's designation is reversible only in the most limited of circumstances. Also, if the deceased individual has surviving descendants, siblings, or ancestors (parents, grandparents) or even any aunts, uncles, or cousins to a degree, then there ARE designated heirs. In the absence of a valid will, the probate estate will be divided according to your state's "statute of intestacy." Statutes of intestacy set forth a standard division of probate assets. They are like default estate plans. The process of divying up an estate under intestacy statutes, or even under the terms of a will, is a very lengthy process. I believe that two years would not be unusual. This isn't the lawyer's fault, the system is just incredibly slow and bogged down in endless requirements and procedures. I too would like to see some more specifics, maybe you can address how the points I raised square with your issue. And, of course, if you feel that your lawyer is committing malpractice, you should seek outside counsel.

My dad past away in 1997 My sister contested the will in 2002 the will was found invalid so it was in testae my fathers property. step mother half brother sister me brother everyone settle for cash me and my brother were left the property and business. The lawyer that represented my brother and I claims i said i wanted to stay with the same shares of the busines as was stated in the will. The property was never settle and disburse between my brother and i. Happen to find out that this attorney is very close with a cousin of mine and I was underhanded by this attorney. There is nothing in writing with my signature. Why would some one stay with a 35% interest of a business. This attorney is claiming this that i wanted to stay with my shares as stated in the will which the courts found invalid due to my sister contested the will. The property and business should be 50% my brother and 50% me.This lawyer has been paid and i am left with a mess. nothing has been signed no shares have been signed. now mybrother is claiming he is president of the corporation. IT IS JUST A MESS! i hoep this clerifys the mess i am in

Please post more specific facts about your complaint. It is very difficult to tell what you are claiming. Did the lawyer steal money from the estate? Are you even a beneficiary of the person who passes away? Do you and your other sibling have an actual conflict that would prevent his attorney from representing both of your interests?