Legal Question in Insurance Law in Florida
My lawyer was hired to Probate my mother's estate and Sue for wrongful death on the lady that killed my mother In a car accident. It's been 5 months and he still hasn't took it to Court.. so my mom had the underinsured motorist policy and the lady was under insured so her car insurance paid to the beneficiaries 50,000 but he had the insurance company issue the check in his name and my name and deposited it into his bank account and kept 13,000 dollars and said I had to put the remainder in estate account. How can he take that money when there is debt to be paid. He said that he took it for the personal injury part he did. I didn't hire him for that. My mom paid for that insurance and should receive it all. I thought he got paid in the end when probate was over and again after the wrongful death claim. He got paid before anyone almost immediately. Is that wrong
2 Answers from Attorneys
His attorney's fees are a priority lien. Like I said before though the wrongful death settlement on behalf of the Estate requires Court Approval.
If you didn't hire him for the UM claim, he is not entitled to a fee. You don't want your money to be available to creditors. Insist on paying you now. Are you the Personal Representative of the Estate? Any brothers/sisters? How much liability insurance on the other car?
Call my cell phone if you want further advice. 305-305=3351.
Michael M. Tobin
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