Legal Question in Personal Injury in Indiana
lawsuit against a dead atty
is there anyway my son can get 20,000 back from an atty that took his check and spent the money, then died in a housefire, we later discovered he was adicted to painkillers and spent the money on them and Charles Deets lll's son(who is an atty also will not talk to us.
2 Answers from Attorneys
Re: lawsuit against a dead atty
It has been a year since Charles Deets died. If no estate was opened, then the answer is no. The son is not responsible for the debt unless he was a law partner with the father.
Re: lawsuit against a dead atty
It is terrible that you have had to experience this type of conduct!
There are many factors that could determine whether you have a cause of action against attorney's law firm or his estate, including the date of his death, whether an estate was opened in a timely fashion, whether you still have time to file a claim and whether the lawyer practiced with other attorneys. You should contact a law firm that has expereinced lawyers in probate and professional malpractice.
Additionally, the state bar association administers a Clients' Financial Assistance Fund that has funding available to compensate clients whose money has been improperly taken by a lawyer. You can get claim information by contacting:
Indiana State Bar Association
One Indiana Square, Suite 530
Indianapolis , IN 46204
Good luck.