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relative as trustee?

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mrrobert

Member
a lawyer dies & the immediate relative acts as trustee. By trying to collect accounts.

the clients that paid up front ...can't get their money back. Because the relative/trustee wants to keep the advance payments..

the state bar can't do anything because the relative is not a lawyer.

How can clients get their payments back? I am talking "5 figures"
 


Dandy Don

Senior Member
When did the death occur (what month and year)? Is anyone going to take over the attorney's future law practice or not? Check at the county courthouse probate court to see if probate has been opened up for the man's estate. Then consult with your own probate attorney to find out how to file a claim with the executor of the estate to be reimbursed for your advance payments. If no estate has been opened, ask your attorney whether you as a creditor should force probate open and/or send the "relative" a certified letter making a formal request for reimbursement. Relative has no legal authority to keep the money if probate hasn't been opened, and would be vulnerable to a small claims or civil lawsuit if he/she continues to deny payment.
 

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