my lawyer died who has my records

First and most direct is go to whoever has physical possession of the lawyer's office and files, which could be the surviving spouse or other family member, an associate, or maybe even the secretary or office manager. If none can be located, the California State Bar has experience in dealing with these matters and can help.

Full Answer

How do I find out if a lawyer has died?

If the lawyer is still a member, the state bar association should have her contact information. Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized.

What happened to my will after my attorney died?

After your attorney retired or died, his staff should have mailed the original wills to you and your husband. Of course, they may have tried that. If you moved without telling your attorney, then his staff had no way to return your original wills. If they could not find you, they should have done one of two things.

How do I hire a new attorney for a deceased attorney?

When you hire a new attorney, you will need to contact the administrative person of your deceased attorney’s office and get all of your case files. The case files should include all of your documents including documents, emails and letters that the attorney may have created for your case.

How do I get my money back from a deceased attorney?

If you end up having to hire another attorney, you should ask the administrative person of your deceased attorney’s office to get you an accounting of how many hours your attorney has worked on your case. If you have money in a trust account, you should be able to reference that accounting and determine how much money you should be refunded.

What to do if you have a deceased attorney?

If you end up having to hire another attorney, you should ask the administrative person of your deceased attorney’s office to get you an accounting of how many hours your attorney has worked on your case. If you have money in a trust account, you should be able to reference that accounting and determine how much money you should be refunded. The money that you receive back from your deceased attorney can be used to retain the new attorney that you hire.

What happens if your attorney dies in the middle of your case?

If your attorney has dies in the middle of your case and you are preparing for trial, there may be a delay in your trial date if you need to hire a new attorney. However, you should hire your new attorney as soon as possible so that there is not an unnecessary delay.

What happens if you file for substitution of attorney?

When your attorney files for a substitution of attorney with the court, he or she will likely be able to secure more time to prepare for trial or any future hearings. The down side of this situation is that you are likely going to have to pay more because your new attorney will have to learn your case all over again.

What should be included in a case file?

The case files should include all of your documents including documents, emails and letters that the attorney may have created for your case. Everything in your file (including any anything that you have given your attorney) should be returned to you as they are your property.

Do other attorneys know about your case?

If your lawyer is part of a firm of two or more attorneys, then it is probable that one of the other attorneys is at least slightly aware of your case. They may not know every element of what is happening with you case, but they will likely have a broad understanding of what your legal situation is.

Can you cover each other's cases?

In this scenario, when conflicts or vacations occur, each attorney would be able to cover each other’s cases. You might get lucky to find out that the other attorney has worked on your case and is very familiar with your particular circumstances.

Can you get money back from a deceased attorney?

The money that you receive back from your deceased attorney can be used to retain the new attorney that you hire.

1 attorney answer

There are several courses of action. First and most direct is go to whoever has physical possession of the lawyer's office and files, which could be the surviving spouse or other family member, an associate, or maybe even the secretary or office manager.

Robert Miller

There are several courses of action. First and most direct is go to whoever has physical possession of the lawyer's office and files, which could be the surviving spouse or other family member, an associate, or maybe even the secretary or office manager.

Can a lawyer take over planning?

Yes, that's true. Almost no lawyers will take over the planning that has been completed by another lawyer and pick up where you left off with that lawyer.

Do lawyers have succession plans?

Unfortunately, most lawyers do not have their own succession plans in place. You've heard about the cobblers kids having no shoes, right? Well, it's the same with lawyers.

Who to call when a deceased person is a lawyer?

Call the lawyers who represented other parties in any lawsuits or disputes in which the deceased was involved. Opposing lawyers may remember whether the deceased consulted a lawyer whose name may not have made it on to final documents.

How to find out if someone died in court?

Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name. If the deceased ever sued someone, got sued by someone, got divorced, got arrested or cited for a traffic violation, the county courthouse should have a file on the event. Ask employees at the records clerk's office how to locate and access the file. Once you have the file, search it for the name of any lawyer or law firm that is listed as attorney of record for the deceased. Copy this information.

How to find a notarized deed for a deceased person?

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records. Signatures on deeds, divorce settlement agreements and affidavits are examples of documents that require notarization. If the deceased's signature was notarized, that means that he signed the document before a notary public. Where you find a notarized signature, make note of the name, location and commission number of the Notary Public.

How to contact a lawyer whose name is invalid?

Call the contact telephone numbers that were listed for the attorneys whose names you found in the court records.If the telephone numbers are invalid, call the state bar association for the state in which the lawyers practiced and ask to speak to the person in charge of membership records. If the lawyer is still a member, the state bar association should have her contact information.

How to help a deceased person?

Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.

Can you lose a will in your attorney's safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.

Can a will be probated?

Your wills are still valid, but they won't do your children much good unless they can find the originals. A photocopy of a will can be probated, but someone could contest the will by claiming that the original was revoked instead of just being lost.

Do attorneys keep wills?

A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.

Can a will be revocable after a husband dies?

You may be better off avoiding a wild goose chase and hiring another, younger, attorney to revise your estate plan. Wills do not avoid probate. After either you or your husband dies, the survivor between the two of you can collect the decedent’s estate outside of probate, if you own everything together as joint tenants or as community property with right of survivorship, but when the survivor dies, the estate will have to be probated in the courts. You can avoid probate, and probate fees, by getting a revocable trust. Since you need new wills anyway, you should see a new attorney who can advise you on all of your options.

What happens when an attorney dies?

Typically when an attorney dies, someone associated with him wool send out notice that the attorney had ceased practicing law due to his death. You need to find a new attorney who can pick up the ball and continue handling your case. Your case can continue with your new attorney.

How to get a case back from a previous attorney?

Your new attorney will give you a form letter to sign, and take the case from the firm that holds it now . If your search for a new attorney is likely to take more than a few days, it would be advisable to send a letter to the law firm that has your case now, telling them that you do not authorize them to represent you and requesting an appointment for picking up your case file. If you paid any retainer to your previous attorney, ask your new attorney to try to get a refund (it will not be easy, and you might end up losing that retainer; but you should, at least, try).

How long is a lawsuit considered abandoned in Louisiana?

As long was a suit was actually filed you should be okay. In Louisiana this case will be considered abandoned after three years. You need to write to the firm and request your file.

What to do if you can't find an attorney in Washington?

You need to find a new attorney right away, there may be pending court deadlines. If you cannot find an attorney, call the bar association and they will help you. My firm handles personal injury cases in Washington if you want to contact me.

How long do you have to file a lawsuit against a deceased attorney?

You have a right to get your file and that will show if any work was done. You may be facing a Statute of Limitation concern. Generally, you have 3 years from the date of the injury to file a lawsuit. If this time has passed, you have no legal recourse against the other party. However, you would have legal recourse against your deceased attorney and his law firm.

What to do if a case is filed and is still active?

Well, if the case was filed and is still active, he must have done something. I suggest you talk with the new firm and see what they have to say. Who knows, you may like them. If not, find another firm and have the one you like take over the case.

Can you discharge a prior attorney?

You have the right to discharge the prior firm and hire a new attorney and given that they did nothing on the case, they should not have a lien either.