Answered on Jan 28th, 2017 at 6:41 PM
If I had a dime for every time a court clerk asked me for a revision that was NEVER requested in any of my other cases....
It's foolish to argue with a court clerk, unless they mistakenly ask for something that's invasive for your client and not required under the statute. That's happened to me exactly once in over twenty years of practice. And yes, you CAN force your lawyer to do their job. Sometimes a nice polite letter from another lawyer (I guess your wrongful-death attorney hasn't had any luck) is all it takes. Then there's always the option of a complaint to the attorney disciplinary committee.
Getting preliminary letters when there's a wrongful death suit to be filed (I hope the statute of limitations, which is two years from the time of death, hasn't run) is one of the few things in Surrogate's Court that should always be fast, unless someone in the family objects to the person being appointed. If that's not the case, there's no excuse for the delay. I've never had a problem getting letters fast, in any court, when the clerk knows there's a property to be sold or a wrongful death case to be filed. If all else fails, get another estate lawyer to step in- and ask the first one for a refund of the legal fees paid.