Legal Question in Legal Ethics in Texas

Lost will in natural disaster

My aunt's attorney's office sustained damage in a hurricane and her will was lost. She has since passed away. Now the attorney is charging my cousin for filing her estate intestate. I know there are E&O policies, but would the loss of legal documents be covered under that, or perhaps some other policy? I just don't think it's right that my cousin has to pay for something that was supposed to be handled already and was paid for already. Obviously. the attorney doesn't think he should be out anything, either, as he's charging my cousin, but he should have filed the will with the court, ensured its safety, or made a claim against an insurance policy for the loss. At the very least, I would think he should apply any moneys expended by my aunt to my cousin's benefit in filing intestate. I'm quite sure this was not the only document lost. What type of insurance policy would cover this loss? If the attorney made an insurance claim for these lost documents and is still charging my cousin, that could be considered a form of double-dipping, yes? Thanks for any guidance.


Asked on 1/07/09, 10:04 pm

1 Answer from Attorneys

Re: Lost will in natural disaster

I'm not really sure what you're asking. Most attorneys will charge a fee to prepare a will. There's a separate fee to probate it. Your cousin would have had to pay to probate the will, even if it wasn't lost in the flood. If the attorney charges different rates for intestate vs. testate probate work, maybe your cousin should ask for the lesser of the two fees?

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Answered on 1/08/09, 2:28 pm


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