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What happens when a lawyer dies?

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Alpineskier

Junior Member
What happens to the lawyer's files when he/she passes away? We are trying to locate a trust document in MA (from 2003) and apparently the lawyer had the only copy.
 


Alpineskier

Junior Member
We don't know

A simple single page "Trustee Certificate" was recorded (book nnnnn, but only 1 page) in 2003, but the bank wants the entire document before we can deposit the proceeds from the sale of property listed in the trust.
 

Mnemosyne

Member
Old lawyers never die, they just lose their appeal.

Was this a freelance attorney, or was s/he employed in a partnership?
 

menchari

Member
I would agree with the bar answer. Any state code of professional conduct has a section on this subject. Usualy whatever other attorney has taken over the practice has the responsibility of the records and it is very rare that a practice is not purchased by another due to the value of the client list. You need to find out who has ownership of the law office/records.
 

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