Legal Question in Family Law in Massachusetts
Misuse of Escrow Funds
My former husbands attny paid herself out of QDRO escrow funds she was holding without authorization from myself. She stated and was aware that she was not charging for holding of funds and payments to an outside assigned QDRO attorney. These charges are duplicated fees associated with my former H. I have paid these fees in duplicate to MY attorney. A letter requesting refund of my 1/2 of funds paid to her w/deadline date was send over 3 weeks ago without response. What is my legal right for refund of fees out of this QDRO escrow account only?
1 Answer from Attorneys
Re: Misuse of Escrow Funds
IF escrow funds were misused, and IF they were yours, the attorney must immediately replace the funds while there is a billing or other dispute over the propriety of her application of the funds. If she does not or has not done so, you have the right to bring the matter to the attention of the Board of Bar Overseers. They will then inquire of the attorney, and she will have time to respond.