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Hey, Where's my money?

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C

coexecutrix

Guest
Michigan. I recently had an attorney doing some legal probate work for me and gave her $1000.00. After one month she had not even gotten the will in probate and was taking phone calls from another person and charging it against my retainer. 3 weeks ago I told her that her services were no longer needed and to please send me a detailed statement along with the balance of my retainer. She has charged me $550.00 and hasn't done a thing but talk to the other party whom I had somewhat of a dispute with and was part of the reason I hired this attorney. I was told that a check and a statement would be sent to me either that day or the very next day. It has been 3 weeks and when I spoke to her secretary today she told me the attorney was on vacation and she couldn't write me out a check.
How long does she have to send me a statement and a refund? How could she possibly charge me anything as she did absolutely nothing except for chat on the phone with the other party. :confused:
 


Dandy Don

Senior Member
Was this attorney serving as an official co-executor of the estate or just advising you legally about what steps to take in probate?

Did you have a signed agreement/contract with the attorney for a total amount to be billed or an hourly rate?
 

Dandy Don

Senior Member
If this attorney is still advising you on probate matters if probate is not finished, then you may be making a mistake by asking for a refund.

You should have found out what the regular rate for executor fees is in Michigan before you paid a retainer. That fee is confidentially known only amongst attorneys, so you will need to consult a local probate attorney to find out what that actual rate is, since the law shows it as "reasonable compensation".

She has no intention of ever sending you a refund. File a complaint against her with the local bar association and get someone else or continue using her services until probate is finished.
 

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