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?


Asked on 8/24/06, 10:02 pm

3 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

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

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Answered on 8/25/06, 6:46 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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.

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Answered on 8/24/06, 10:07 pm

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.

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Answered on 8/24/06, 11:13 pm


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