Legal Question in Wills and Trusts in Florida

Lawyer holding settlement money from condo in probate

My husband's parents names were on the title of their condo in Florida. They both passed away within a month of each other. The lawyer my father-in-law was using to get his affairs in order told us the condo must go into probate. The condo was sold, and the title company sent the entire check to the lawyer. Now the lawyer is holding the money and says he will hold it in case there are any outstanding bills. He says he will hold it for 30 days. There was one outstanding bill in the amount of $500. The lawyer says he must give them 30 days notice to respond. After that, he says he will still hold out a substantial amount back for bills. There are no other bills. When my husband calls the office to find out what's going on, they refuse to speak to him. They will not even tell us what they are charging for their fees. My question is, do they have any legal right to hold this money? Also, if they do return some money, is it legal for them to hold a substantial amount of money indefinitely? What legal recourse do we have? Did the condo have to go into probate at all? We think they are holding the money so they can say they did more work and charge more for legal fees. What can we do? Can't we just pay the $500 bill ourselves. Thank you.


Asked on 7/01/04, 8:25 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Lawyer holding settlement money from condo in probate

The estate should be distributed as per the decedent's will. A reasonable time must pass for creditors to file claims. The named personal representative in the will chooses the estate lawyer.

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Answered on 7/01/04, 10:26 pm


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