What happens if you paid in full to file a bankruptcy and the attorney filing passes away before the paperwork could be completed. How do you get your money back?
State/Country relating to question: Indiana
I would like to help you with this. In every situation like this, someone takes control of the attorney's files. If he is in a law firm, another partner would take over and at least tell you what needs to be done. Sometimes another lawyer in the city buys the business, which includes your file and will assist you. If this just happened, it may be a file before you hear from anyone. You should be able to call the office and someone should answer the phone. Otherwise, you could contact the Indiana State Bar Association and ask them who has the person's practice right now.
At this point we are in a waiting game then? The office said they are looking to transfer the files, but not sure who or when or what happens to the money. They told us it would have to go through estate
His business is an asset, just like a car or a house, but someone should be able to step up and do something right away if you need it. Otherwise, I'm sure everything will be taken care of. If you have an emergency, I would contact the Bar Association. Bankruptcies move along without much to do except the first big ton of paperwork. Have you filed already?
No, this law office has been dragging their feet since February. We paid for it in February, provided all of the documentation, and then they told us it was in review status. About 2 weeks ago they got back with us on additional paperwork that needed to be turned in. We did that and since then the attorney passed away, so the case was never filed, just paid for.
What a mess! Does he have partners?
nope. She was all by herself
I don't have the money to file again and then try to get the money back from the estate
Do you have to file right away due to your bills?
No this is where it gets complicated. This is actually for my boyfriend. They told him his divorce can't be finalized until the BK is filed. He filed for divorce (goes to court August 30), because we thought they were moving forward with the BK.
You need to contact (or he does) the Bar Association and ask if you they can help him get his money back. It would be in a trust account, which is not part of his estate. That account is for the clients' money only and there should be someone who can take over. Usually the Bar can appoint someone to do it and refund peoples money. It's happen before when someone falls very ill or dies.
thank you for your help
Attorney at Law
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