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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33150
Experience:  Began practicing law in 1992
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The house proceeds were put into a trust account at my ex-husbands

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The house proceeds were put into a trust account at my ex-husband's attorney's account. Previously my ex-husband's attorney send me installment payments from the sale of our house when we were married. Our divorce became final Jun 30, 2012. My ex-husband sent my attorney the remaining balance of the house account. I paid all of my attorney's charges up to and through the final divorce proceedings. When I didn't receive the balance of the house proceeds trust I contacted my attorney and was told she was going to have to calculate her charges, have me approve it and then she would sent the balance. My attorney received the balance of the house trust two weeks ago and I haven't still received an invoice from her. Is this legal to hold the balance of the house proceeds trust? What if we hadn't had a house to sell, she wouldn't have been able to deduct her costs from the proceeds?
Is this legal to hold the balance of the house proceeds trust?

It isn't illegal but if your agreement did not allow for this then it would be considered unethical to do so since it is the lawyer putting their interests above that of the client.

What if we hadn't had a house to sell, she wouldn't have been able to deduct her costs from the proceeds?

No, but she could still have sought the funds directly from you via billing or even a lawsuit.


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Customer: replied 4 years ago.


The contract I signed with the attorney did not allow her to do this. Can I demand she release my money? I put a $2000 retainer down on the divorce proceedings and my attorney, never sent me a statement showing the charges on my account. When the divorce became final my attorney told me I had a $6,900 bill I would have to pay before any of the money from the house would be released. So I paid her the remaining money. I am going to lodge a complaint with the bar association about her but right now I just want my money.

You can demand that the money be released. You can certainly take the position that the money sitting in the trust account is depriving you of some amount of interest and thus it is against your financial well being.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.