Can a lawyer hold money willed to grandchildren until the executor pays him?
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Can a lawyer hold money willed to grandchildren until the executor pays him?
My grandfather passed away and all of the grandchildren were gifted some money. The lawyer told my father (who is the executor or the Will) that we will not recieve that money until he’s in full from my father. Can he do that?
Asked on August 10, 2011 New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The lawyer handling the probate of your grandfather's estate owes a fiduciary duty not only to the executor of the will, but also all beneficiaries. This means that there is an utmost duty to be honest, truthful and not do anything to the detriment of the people he is representing.
In a probate, the court per statute typically sets the fees for the lawyer which are paid out of the estate's assets per court order before the estate is finally distributed to the heirs. The lawyer handling this probate cannot legally hold monies due the heirs of the estate as "ransom" for his or her unpaid legal services associated with the probate.
The issue is that if the estate does not have enough assets to pay all creditors who have submitted timely claims and the lawyer's fees and costs, there might not be enough assets for distribution to the heirs in that their share is taken from the estate's net amount after all creditors and other costs including legal fees per statute are paid.
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