Q: mother was killed in accident The probate lawyer didn't cancel her credit cards and knowingly let brother rack up $10G
My mother was killed in a auto accident in July of 2014. The lawyer handling her estate and also represented my brother allowed my brother to use her credit cards after her death knowingly and making payments to the credit card accounts letting him rack up charges and interest. Can this lawyer be held liable for not cancelling her cards? He cancelled her bank accounts right at the beginning.
A: One important aspect to clear up: unless the attorney was also the personal representative - which it doesn't appear to be the case as you indicate he represented your brother, who I assume is the personal representative - the attorney didn't cancel anything nor had any legal authority to do so. Perhaps he gave the brother bad advice, or maybe the brother disregarded his advice. Whomever's name is on the Letters of Authority is the one who should be held accountable here.
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