Alvarado, TX asked in Estate Planning and Probate for Texas

Q: An Alaska lawyer "forgot" to mail me the $13K trust check from sale of my father's land. Can I file a complaint?

This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the check was never cut and blamed his book keeper. Is this something I should let the bar know about?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the

Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.

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