Chicago, IL asked in Estate Planning for Illinois

Q: After estate has been filed in probate court Can a probate lawyer withhold the clients deed due to non payment?

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1 Lawyer Answer
Edward X. Clinton, Jr
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  • Chicago, IL
  • Licensed in Illinois

A: Your question is unclear. If the lawyer is refusing to prepare the deeds to deed property to you, then yes the lawyer can do that because he had not been paid.

If the deed already exists somewhere, I'm not sure the lawyer can effectively deny it to you. He or she can assert a possessory lien on the deed, but it may or may not be effective.

I recommend that you contact the lawyer and ask for an explanation in writing. Perhaps then pay the bill or engage new counsel to complete the work of the Estate.

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