Legal Question in Wills and Trusts in California
To begin my father's probate back in 1996, I paid the attorney $1000 for court costs. The attorney was paid his regular statutory fee from the probate itself. I was contacted last week indicating that they still had $758 of the initial deposit on account and want to return it. Should I also expect to be paid interest for all these years?
2 Answers from Attorneys
No interest. The funds should be in the attorney's client trust account - under the rules, the interest earned on such accounts is distributed among legal aid agencies, helping to provide legal access to low income persons who cannot afford attorneys.
If it was in the attorney's trust account, the interest was paid to the State Bar as it accumulated on a monthly basis. If it should have been refunded to you a long time ago, however, I would make the argument that you are entitled to interest and it seems that the attorney is doing that to avoid paying such interest into the states "unclaimed property fund."
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