Grandpa died before lawyer completed papers

What is the name of your state?
Pennsylvania

My Grandfather was gravely ill and was told he had
less than 60 days to live. So, we hired a lawyer to
create 2 wills for my Grandparents, one for my
Grandfather and one for my Grandmother.

We have a hand-written receipt from the lawyer stating
that she received $800.00 for 2 wills. A
little more than 3 weeks later my Grandfather passed
away before anything was delivered from the lawyer.
More than a week after my Grandfather passed away the
lawyer finally returned our phone calls. The lawyer
delivered one will for my Grandmother which we are
currently reviewing. The lawyer never showed us
anything about my Grandfather's will, so my father
told the lawyer that he feels he should get 1/2 of the
$800.00 back since nothing was done for my
Grandfather. The lawyer said that they did the work
for my Grandfather so we are not entitled to anything
back. After a few minutes of a very heated
conversation between my father and the lawyer she said
since she felt some compassion for my Grandmother she
would offer $100.00 back.

Bottom line question...since nothing was ever
delivered for my Grandfather's will, are we entitled
to 1/2 of the money given?

Thank you so much,

Tammy L. Anthony
Pennsylvania

If the services were rendered, delivered or not, they are billable. Let me give you a scenario.... your grandfather ordered a custom made wheelchair (or any 'custom' product). It was either in the process of assembly, or actually completed but not delivered, when he passed away. Would you assume that you owed nothing on the order??? Of course not. The same principle applies here. If the lawyer (or merchant) did work, they expect to be paid for it.

Spoken like a true lawyer, Halket!

This lawyer should have called back in a timely manner. She "said" she did work for the grandfather.

These people have every right to question the attorney and demand to see what work was done.

If Grandpa ordered a custom-made wheelchair before he passed away, would the family be liable for the bill? The estate maybe, but not the family. And when it was paid for, they'd obviously get the finished product, not just a demand for payment.

Just because a lawyer sends you a piece of paper with some dollar figures on it doesn't mean jack spit!!

Thank you both very much for your insight!

Seanscott is (text edited) correct on one point. My post was in error in implying that 'you' would be liable for the debt. Of course the debtors estate would be liable....
just as I am sure the lawyer will make a claim against the estate for his services if not paid.

I assumed that you would have made a request to validate the lawyers bill for services by viewing the actual work claimed.

I'm sorry if I upset you. That was certainly not my intent, as I have learned much from your previous posts. No offense intended.

From the "idiot" that you agree with.

Seanscott said:

I'm sorry if I upset you. That was certainly not my intent, as I have learned much from your previous posts. No offense intended.

From the "idiot" that you agree with.

Click to expand...

I took your post as a hostile comment, possibly in error (too damn many 'flammers' on this site lately). If so, I apologize and have edited my post accordingly.

Thanks! I hope you didn't think I was "rentertoo" or one of his many aliases. I, too hate those vicious messages.

Keep up the good work & best of luck to you!

(1) Does your grandmother know what the grandfather's will says (did he discuss it with her before they sent them to the lawyer)?

(2) Did the grandfather have an older, signed will or is this the first will he had ever made? The grandfather's will is not valid without his signature and of course can not be used in probate court, but you probably already knew that.

(3) What is the value of the grandfather's estate, and who is now serving as administrator/executor?

I'm guessing that the attorney might not want to violate the confidentiality of her lawyer-client privilege with her client (the grandfather). The attorney's only obligation is to deliver the will only to the grandfather. However, because of the unusual occurrence of the death before the will was officially signed by the grandfather, if the attorney wanted to, she could give a copy of the will to the grandmother.

If the grandmother, just for her own information, wants the emotional comfort/satisfaction of knowing what her husband's final wishes were, she has the right, as a potential beneficiary, to request a copy of it.

Someone should type a lettter on her behalf (and signed by her) to the attorney to politely ask for a copy of the will, for "sentimental reasons to find out what my husband's last wishes were", and send it by certified mail (so you can prove that you sent it). If you don't receive a response within 7 days, then file a complaint (for breach of duty or for services paid for and not rendered) with the local/state bar association (you can find the number in your yellow pages directory), where you are much more likely to get $300 of the $400 back.

If the attorney sent the bill for her services, then she needs to prove that the work was completed. If there is some reason that she doesn't want to provide a copy, then she at least owes you an explanation of what that reason is.

DANDY DON

Thank You All Very Much!

We have since spoken with this lawyer (and used some of the insight from all of the posts)and she returned $400.00!!

Thank you so very much!!!

I think that's great. People have to stand up for themselves and I'm glad it worked out for you!