Mendel Zilberberg - Brooklyn Attorney Mendel Zilberberg Accused of Fraud

In a February 2017 decision by a Queen's County Surrogate Court, former Brooklyn based attorney, Mendel Zilberberg is alleged to have left himself as the Executor of a client's Will with the power and discretion to control and distribute millions of dollars. The purported Will has now fallen under scrutiny, as the Court's decision states, "As none of the parties will be prejudiced by the granting of the requested relief, the Court now considers whether the movants have demonstrated some merit to their objections and a reasonable probability of success."

The Last Will and Testament of Meir Silberstein, who passed away in 2015 at the age of 103, is being contested by his two nephews. Yacov and David Silberstein are represented by Manhattan based attorney, Steven A. Metcalf, II. Their claim is that that Mendel Zilberberg, Esq. committed "fraud, duress, mistake and misrepresentation" of their late Uncle Meir's Last Will and Testament who originally had bequeathed his estate to his two nephews and five charities that he had long supported. Attorney Metcalf was successful in vacating both of his clients' Consent to Probate forms, as ruled upon in the February 2017 decision. Mr. Metcalf's motion states, "Will Number 3 conveniently, suddenly and inexplicably includes an in terrorem clause and bestows upon its attorney draftsman unparalleled power as, not only was he given exclusive power to serve as executor, but he was also given a carte blanche to divide the majority of the decedent's estate with his own law firm overlooking the entire probate process."

According to Mr. Metcalf's motion, Yacov and David, Mr. Silberstein's nephews are in disbelief that their beloved Uncle Meir would have willingly disinherited them out of millions of dollars, in addition to adding a clause prohibiting them from raising any challenges to his suspiciously modified Will. Yacov Zilberstein continues to state, "While reviewing Uncle Meir's third will, I noticed the date that it was executed was April 18, 2013, this was the day that Uncle Meir and I met Attorney Zilberberg and I am certain that Uncle Meir did not execute a Will during our meeting which was when Attorney Zilberberg and Uncle Meir met for the first time. At this time, I am certain that Uncle Meir's "final" Will is the result of fraud on the part of all parties involved in its execution."

The Court's February 2017 decision further states, "The most recent instruments [Will] were prepared by petitioner Zilberberg, who managed to draft and oversee the execution of the April 18, 2013 instrument naming himself as sole executor on the same day he met the decedent. This instrument was changed three months later to include [Mordechai] Freund, an individual associated with Zilberberg, as a co-executor. ...Further, in contrast to prior instruments, wherein the decedent named specific charities as his residuary beneficiaries, the offered instrument bestows upon the executors the discretion to make this decision."

Depositions of Mr. Mendel Zilberberg began yesterday on August 16, 2017. We will be following the case against Mr. Zilberberg.