How long does it take to issue a citation?

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My case has been setteled since February 27th, my paper work has been sitting in surrogates court since August ,everytime I call surrogates court they tell me my lawyer needs to send some one and issue a citation because its been entertained already. I call my lawyer, I mean the asst. and she tells me she's taking care of it, but every week i call the courts, its still sitting there. What should I do? Can i go down there and do the citation myself? Should I pay another lawyer to do it? Can somebody please HELP me? I feel like they're not taking me seriously. PLEASE I need advise

Attorney Answer

1
James Riley ·
In New York, a citation (which in effect is a summons or legal notice to appear before the court) is issued by the Surrogate's Court to compel a person to appear and assert their rights or claims or choose not to appear and waive any possible rights or claims. A citation tells a person that if a right or inheritance is to be claimed, an appearance in the Surrogate’s Court is necessary usually with an attorney if substantial monies or assets are involved. In other words, “speak now to the court or forever hold you peace” and give up the claim. The person may be a creditor of the estate, a possible heir, etc. The attorney usually files a written request with the court for the issuance of the citation and the citation as a document issued by the court lists the name(s) of the person or company to be served with the citation. The attorney then serves the citation on the person to be cited--usually with the help of the sheriff or any other process server. The citation sets a return date and time when the matter is to be heard by the Surrogate's Court. If the person who is served with the citation appears, sometimes with an attorney, the claim is heard and decided by the court (this may take some time) or settled by the parties. Sometimes a person will accept the citation as served and sometimes they will waive service and appear or otherwise consent to a settlement or resolution. If they are served with the citation and do not appear, their claim is usually dismissed. In the details of your question, you have also described an unfortunate situation where communication has broken down between you and your attorney. Your attorney has a responsibility to complete your matter in a timely fashion on your behalf. I strongly suggest that you attempt to contact your attorney by email or otherwise and respectfully request the attention and service that you are entitled to. Another recommended approach would be to schedule an appointment with the attorney so that as a team you can move the matter forward and bring the matter to a conclusion by completing the citation process. If all else fails, contact another attorney or the local bar association for assistance.
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