From: "S Bannerji" shaybann@indiatimes.com
To: webmaster@victimsofsurrogatescourt.org
Subject: Your site
Date: Friday, November 02, 2001 5:29 AM
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I have had a brief look at your site. In almost every case, as it appears to me, the cause of the grief is the failure of the testator or settlor to use due diligence. And to quantify the costs and remuneration in advance. The cosiness between and among Surrogate and lawyer and trustee (just as between bankruptcy trustee and lawyer) is obvious. Frankly, there's no excuse for robbery by Wall Street law firms. I can understand that most small practices are unprofitable, that estates are one of few "sure things" where most "clients" are captive. But testators and settlors need to inform themselves about that inherent conflict of interest. No overhaul of the legal system is going to make that go away. It's been there forever.
-- it is well known that corporate trustees are largely incompetent, although they may be necessary in certain circumstances.
-- when I was seeking a lawyer to handle my mother's will in NY, I sought references and selected a White Plains lawyer, a fellow of ACTEC. At the introductory interview he spent most of the time relating his experience and success, his Supreme Court case where he won a spectacular victory after addressing the court, etc. etc. Except that I ALWAYS check references, and I searched on Westlaw (I could have used www.lexisone.com -- available free to anyone). And there was no such case: he had lied. So we didn't hire him.
-- YOU HAVE TO PUT A TRUST PROTECTOR IN THE WILL OR TRUST so that the beneficiaries can get rid of a trustee or lawyer if need be.
The few stories you have posted are naive and sad, sure. But also with misspellings and often no dates.
The site could be improved.
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