Legal Question in Bankruptcy in California

Re: Case not filed and Money not returned

It depends on how much work the lawyer did before your father passed away. In a Chapter 7 case, about 90% of the work is done before the case is filed. If the lawyer spent time on the case, he or she is entitled to compensation that time. The tricky part is determining the value of the time. Also, retainer probably include some expense that that the attorney did not have to pay such as the $299 filing fee.

If there is to be a refund, it belongs to your father's estate. The executor or personal representative has standing to file a complaint with the state bar if the attorney will not provide an accounting for the fees received.