Legal Question in Wills and Trusts in North Carolina

And your question is?

First, if the lawyer disappeared, there is still documents on file at the court. I don't understand how an estate can be open for 8 years unless it was unduly complicated. Its just not possible. Most estates are wrapped up in 1-2 years. For estates that are not wrapped up, the clerk starts sending out notices and if a lawyer is not moving things along, then the clerk notifies the NC State Bar (assuming the estate is probated in NC). So something is not right here.

What I would do first is see if there is even an estate pending. My guess is that the lawyer never filed an estate and took the money. If that is the case, there is no estate.

If there is an estate, then make a copy of the file and see what else needs to be done to get the estate closed and any assets distributed to the beneficiaries. You should not need an attorney to do this unless the estate is very complicated. And most attorneys will take their fees out of estate assets so if there are sufficient assets in the estate and you need help, I am sure that you can find local probate counsel to help. You will need a probate attorney who practices in the county where the estate is or would be pending.

Second, this is a serious problem with the attorney. When was the lawyer suspended? I would contact the NC State Bar. For lawyers that are suspended, they secure the files and farm out the work to other lawyers or return them to the clients. See if your file was obtained and if so, who has it. There is also a client security fund. For lawyers who have caused a loss to the client, claims can be made against the lawyer if the lawyer has no malpractice insurance. Find out from the state bar whether the lawyer had malpractice insurance and if they did file a claim. If the lawyer did not have it and has fled, then you will have to make a claim against the client's security fund.

There are time limits for doing all of this and you do not indicate when the lawyer was suspended and fled. So I would get on this now.

If this is in a state other than NC, then you need to contact the state bar for that particular state. I assume that most states have a similar process for making claims against suspended/disbarred attorneys.