Legal Question in Family Law in Massachusetts
My lawyer passes away
My lawyer passed away last week very suddenly and unexpectedly. I gave him a retainer 2 years ago of $8,500. We have been to court only once so far for temporary support in our divorce. Neither my wife or myself have been in any hurry to epedite the final divorce. The last timeI mentioned anything to my lawyer about the retainer he said ''not to worry , we are only about 1/2 way through the retainer money'' How do I get my retainer back and how much am I actually entitled too?
3 Answers from Attorneys
Re: My lawyer passes away
If the attorney worked alone and there is no valid contact number for his office, try contacting the Board of Bar Overseers to find out who is either taking over his practice or responsible for wrapping it up! Good Luck!
Maria Murber
Re: My lawyer passes away
Truly unfortunate. Usually when an attorney passes away, you can claim the file, and the balance in any escrow account. I would assume that you have been getting regular statements, and that you know how much is left - this must be in their IOLTA account. If he works in an office, call the office and ask for your file, and the balance of your retainer. If he works in another setting where you might not be able to get to the file or your money, you should contact an attorney to assist you. This could be very simple or very complicated. If you want some help in getting these, and representation in your case, please contact me in my office.
Re: My lawyer passes away
The balance of your retainer should be in your attorneys IOLTA account. If your attorney is part of a firm of attorneys, they can continue to represent you or you may obtain new counsel.
If your attorney was a solo practioner, you should contact his office and ask for your file and the balance of your retainer back. This could be simple or more complicated depending upon the condition of his practice.
Please feel free to contact me if you have more questions.