Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney.
There was no foul play involved (I was the one who actually found her body) and there has been no other problems with the estate.
I am trying to help my friend and would very much appreciate a reply.”The estate is entitled to an accounting from the attorney’s office. The executor of the estate should contact the attorney’s office. The attorney is obligated to the wife (now her estate), and it could be considered malpractice for him to communicate with your friend or someone contacting the office on his behalf, as he is still the “opposing party” in the divorce action.
Question: The executor should forward a copy of the death certificate to the attorney’s office so that the attorney knows that his client has truly passed away.
Answer:
If after this the attorney is still uncommunicative, call the state bar association of your state and ask them what to do.
