Legal Question in Wills and Trusts in Illinois
My husband and a workmans comp case, it settled two weeks before he died. I contacted the lawyer of his death. It's been 3 months and I still haven't heard back from him, and he will not return my calls. Can he keep my husbands settlement?
3 Answers from Attorneys
Absolutely not. Send him a letter demanding an accounting of the settlement. If that fails, you might need to hire an attorney or contact the ARDC to assist you.
I believe the proper procedure is to open a probate and file a Petition to Recover Assets against the attorney (assuming he is holding the money in his escrow account.)
For more information on estate administration or to contact my office for an appointment please visit www.legacylaws.com.
Your husband's settlement is an asset which is presently in his name. To recover it, you will likely have to open an Estate in the Circuit Court of Cook County. To do so, you will need a lawyer to assist you. Your new lawyer can also facilitate your interaction with the workman's comp lawyer.
Feel free to call me to discuss this further. I won't charge for the phone call.
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