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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12902
Experience:  Experienced Licensed Attorney
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I am executrix of my former husbands estate. The attorney

Resolved Question:

I am executrix of my former husband's estate. The attorney for the estate opened a checking account which requires my signature, but he has retained the checkbook, etc. He recently filed a motion to quit his status as attorney stating, among a number of things, that I refused to pay estate invoices which is not true. He has never offered his help to me, and I have paid him one half of his $2500 all-inclusive fee. There is approximately $1500 left in the account. In early June, I requested that he return the check book to me along with any documentation belonging to the account (I paid as many bills as I could with the balance, leaving enough to pay the attorney his fees). It is now mid-July, and I have not received anything from this attorney.

My question is: can I, or should I close this account which is with my current bank? I don't know what else to do to settle this issue.

Thanks,
Carolyn
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was this attorney's motion to withdraw as an attorney for the estate granted by the probate court?
Customer: replied 1 year ago.

I have not received any notification from the court that is has been granted. I only received the copy of the motion filed by him.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Was this account opened in the name of the estate and do you expect any funds incoming or outgoing to or from the estate?
Customer: replied 1 year ago.

Yes, the account was opened in the name of the estate with only my signature for checks. I do not expect any further deposits to the account. It has been 4 years since he passed. The last deposit was his final federal tax refund. After paying what bills could be paid from the account approximately 4 years ago, the account has remained idle.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Is the probate case still pending in the local probate court?

Are you planing to hire another probate attorney so the probate case can be closed?
Customer: replied 1 year ago.

No, I am not planning to hire another attorney. The only asset is the real property, which is currently in foreclosure, to be sold on 9/25/13. I had the house listed for 1 1/2 years with no valid offers (bad real estate market!) and have not been able to pay the mortgage payment since his pension expired 2 years ago. There really is nothing more I can do in estate settlement. There are 2 liens against the estate: a $4000 Visa credit card account, and a $1700 account for door renovations which were not able to be paid by the estate. The contractor still has the door, by the way.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Generally, the account for the estate can be closed by the executrix or the attorney for the estated, but it would make more sense to wait until the attorney is officially discharged from the probate case by the court, before proceeding to close the account for the estate.

Also the attorney for the estate would have an obligation to turn over any financial instruments, such as estate checkbook to the executrix, upon being discharged as an attorney for the estate.

I wish you the best of luck!
Customer: replied 1 year ago.

Thank you. How would it benefit me to wait until he is discharged? Why not close it now?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Basically, until this attorney is discharged from representing this estate, you would have a duty to follow this attorney's advice...once he is discharged, you can act on your own, if you will not be hiring another attorney.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12902
Experience: Experienced Licensed Attorney
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