Spring Grove, PA asked in Consumer Law for Maryland

Q: what recourse do I have getting monies returned that an attorney was holding after he suddenly passed away?

The attorney was the executor of my mom’s estate (small estate), I was the beneficiary on life insurance. He had the money to pay bills, etc. He had completed paying all monies, and 2 weeks after my last conversation with him, he passed away suddenly. I filed a claim against his estate after no response from his spouse. It has been several years, and I don’t know where to turn to get the money back. After his fees, I still should have received about $3000. I have copies of info.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You need to go to the Register of Wills and find out who took over as PR of the estate after he died. The PR has the ability to recover estate assets. If he was the estate lawyer, and not the PR, then any money should be held in an estate account and the PR would have access to it. If there is no PR, you petition to re-open the estate to appoint a PR so that the funds can be accessed. If the lawyer was also the PR, then the money should have been maintained either in a separate estate account or in the attorney's trust account. If that is the case, the PR of the estate can pursue recovery. If a deceased lawyer had trust account funds undistributed, then here may be a need to go through the Client Security Trust Fund or Attorney Grievance Commission for relief.

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