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Do I have to pay this?

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RitaJune

Junior Member
What is the name of your state? Missouri
I filed a law suit against an insurance agent in 2003. The inusrance agent had written a life insurance policy on me instead of my husband. We also purchased one for me at the same time, but the one on my husband was 54,000. When the policy arrived we noticed the error & called him right away he said he would take care of it. After my husband passed away I found that the agent had NOT taken care of it. So, I got a lawyer. The agent admitted to his mistake, but said he was between error & ommisions policies at the time of the error & I fell between the crack. Anyway, my lawyer said I needed to set up an estate. I saw no reason for this this & told him so. He assured me that I needed to. This case was drawn out until late last year & I settled for $25,000. The lawyer said it would cost more to persue it any further & I would not get much more than that anyway. OK.....my question now is...I signed off & received $16,000 which I also signed a paper saying I had received that. NOW, my lawyer's office called & said they forgot to take out the court costs & the fees for the estate lawyer totaling $874.00. The case did not go to court. These fees are for opening & closing the estate which we ended up not needing. I'm upset because I questioned the need for an estate in the first place....AND he told me that all fees would be taken out before I got my money. AND! I have already used the money on bills. Does anyone have any opinions or suggestions? Does me signing off make a difference? I don't have that kind of money in my back pocket, ya know? Do I really have to pay this?
P. S. I didn't hire the estate lawyer. He is in the same law firm, however.
 


Dandy Don

Senior Member
You need to be asking the attorney to justify this expense:

(1) Please show me court documents that prove the estate was opened and closed and the associated court costs.

(2) How did this estate benefit from the opening of probate? If he can't explain that, then in view of the fact that you suggested it not be opened it, the bill should be paid by whoever hired the other attorney since YOU didn't authorize it or approve of it and since it was proven to have been unnecessary.

If however, the check you or the attorney received was made payable to the estate, then you received the benefit of the estate being opened and should therefore pay it.

You do realize that if the bill remains unpaid after a few months that they will probably sue you in court, but I doubt that they would win. Before it gets to that stage, you should plead poverty and suggest to them that you can't afford to pay off the amount in full now, but you could pay them $74 a month for a year to get this paid off.

DANDY DON IN OKLAHOMA ([email protected])
 

seniorjudge

Senior Member
RitaJune said:
What is the name of your state? Missouri
I filed a law suit against an insurance agent in 2003. The inusrance agent had written a life insurance policy on me instead of my husband. We also purchased one for me at the same time, but the one on my husband was 54,000. When the policy arrived we noticed the error & called him right away he said he would take care of it. After my husband passed away I found that the agent had NOT taken care of it. So, I got a lawyer. The agent admitted to his mistake, but said he was between error & ommisions policies at the time of the error & I fell between the crack. Anyway, my lawyer said I needed to set up an estate. I saw no reason for this this & told him so. He assured me that I needed to. This case was drawn out until late last year & I settled for $25,000. The lawyer said it would cost more to persue it any further & I would not get much more than that anyway. OK.....my question now is...I signed off & received $16,000 which I also signed a paper saying I had received that. NOW, my lawyer's office called & said they forgot to take out the court costs & the fees for the estate lawyer totaling $874.00. The case did not go to court. These fees are for opening & closing the estate which we ended up not needing. I'm upset because I questioned the need for an estate in the first place....AND he told me that all fees would be taken out before I got my money. AND! I have already used the money on bills. Does anyone have any opinions or suggestions? Does me signing off make a difference? I don't have that kind of money in my back pocket, ya know? Do I really have to pay this?
P. S. I didn't hire the estate lawyer. He is in the same law firm, however.
http://www.mochiefcounsel.org/mobar.htm

Contact these folks.
 

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