Ontario, CA asked in Probate

Q: What can you do if your lawyer decides to withdraw at the end of your probate and there's money in the client trust acco

How do you get it back

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Probate Lawyer
  • Mandeville, LA

A: You should review the contract and ascertain if this was services for a flat fee or hourly. In my state (Louisiana), the state bar does not require flat fees to be run through a trust account.

Assuming that you have funds due held in trust, simply ask the attorney for a return of the money. I would do so in writing. If he/she has not prepared a final bill, then that would have to be done by the attorney, possibly affecting the amount held in trust.

If a long time has passed, and it is clear that you are owed these funds (it is not a flat fee), and he has not paid the money, you can file a complaint with the state bar. However, its just likely that he just needs to be made aware that he should issue your money in trust within a reasonable time. Many attorneys do this on a month-to-month basis, and its not necessarily immediate like an ATM. So give the attorney some time to finalize things on his end.

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