what do i do when my texas lawyer stole from me and died

What should I do when my attorney dies?

Jul 24, 2020 · It can be very tough to know that your lawyer died and you might not know what step to take next. However, it may be possible for you to change or switch to a different lawyer to help you with your case moving forward. If your lawyer died, there are several options that you have. You can possibly switch to a different lawyer, your needs for a lawyer might have …

What can I do if my sibling is stealing from my estate?

Get Your Retainer Back. 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 the executor of an estate is stealing?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney.Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees ...

How do I find a trust litigation attorney?

Jan 20, 2017 · Texas attorney Brian Loncar died from a cocaine overdose just two days after his youngest daughter's funeral. (Loncar & Associates via YouTube) Loncar, a personal injury attorney who appeared in ...

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When do I need a trust litigation attorney? The moment you suspect a breach of trust, embezzlement, or a trustee stealing from a trust, it’s time to contact a trust litigation attorney . Many trust lawyers will offer a free consultation, and many won’t charge you a thing unless you obtain a settlement or are successful at trial.

What happens to a lawyer's files when he died?

What happens to my files if my attorney dies? If your deceased attorney was part of a law firm or law partnership, that firm would maintain custody of your file. If your deceased attorney was a sole practitioner, you will need to obtain new counsel.

How do I report a lawyer to the Texas State Bar?

Filing an attorney complaint You may also call the State Bar's multilingual intake hotline at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can a lawyer mislead their opponent?

It is professional misconduct for a lawyer to knowingly mislead the court. Under the Legal Profession Uniform Law (NSW), the Legal Services Commissioner is unable to reach conclusions about the truth or otherwise of evidence presented in court by your opponent's lawyer.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I file a complaint with the Texas attorney General?

If you spot price gouging or experience unfair or unlawful business practices, please file a complaint online or call our Consumer Protection Hotline at 1-800-621-0508.

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What is misconduct law?

In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is the no contact rule for lawyers?

Rule 33 prevents a solicitor from directly dealing with the client of another solicitor without that other solicitor's consent, except for urgent communications which would not result in unfairness to the other party or to enquire if the party is represented.

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

What can a lawyer do to make clear when a lawyer client relationship has been created?

Clear communication Your solicitor must provide advice about all your options, including the best course of action, which may be alternative forms of dispute resolution. Your solicitor must also treat you with respect, be polite and assist in your understanding of the law.

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.

What to do if your sister steals from your estate?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence.

What to do if your brother steals your inheritance?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly. The odds of recovering your assets are much higher ...

How to protect inheritance from sibling?

We see this situation every day, and suggest the following: 1) Contact a trust attorney as soon as you suspect a sibling has stolen your inheritance, 2) Allow the trust attorney to protect you and handle the situation, 3) Know that we’ve seen many families go through this experience and go on to have healthy, productive, fruitful lives. ...

How long does it take to get your assets back?

The short answer is “yes, you can expect to get your assets back.”. At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days. In many cases, the sibling who stole the assets will return them voluntarily after receiving a demand letter from an attorney outlining ...

Can a sibling be prosecuted for theft?

As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate. ...

Can you send your brother to jail?

While we don’t typically see clients who want to send their sibling to jail, it is a legal option. That said, the threat of criminal charges CANNOT be used as leverage to motivate a sibling who has stolen assets, to return those assets quickly, in your civil probate litigation matter.

Can you get proof that your brother stole?

No. Getting proof that a brother or sister is stealing is not your job. A trust litigation attorney will quarterback the investigation, due diligence and detective work required. Evidence disappears and memories fade, however, so the sooner you contact an experienced trust litigation attorney near you, the better.

What caused the death of the Texas lawyer?

The 56-year-old’s high blood pressure and heart disease were listed as secondary causes. The Texas lawyer who was found dead just two days after his youngest daughter's funeral died from an accidental cocaine overdose, officials said.

How did Brian Loncar die?

The 56-year-old's high blood pressure and heart disease were listed as secondary causes, WFAA reported. Texas attorney Brian Loncar died from a cocaine overdose just two days after his youngest daughter's funeral.

Who is the strong arm?

Loncar's firm, Loncar & Associates, was founded in 1988, and operates 11 offices across Texas. The lawyer starred in many of the practice's commercials, well-known clips that billed him as "The Strong Arm.". texas. drug overdoses.

What to do if trustee steals money?

If trust beneficiaries feel that the trustee is stealing funds, they should ask the trustee to account (report on what they’ve done with trust assets). If through the accounting, or otherwise, beneficiaries learn that a trust stole money, they can charge the trustee with breaching their fiduciary duty and have them removed and surcharged.

What is a trust litigation attorney?

A trust litigation attorney handles the civil litigation (monetary relief) aspect of an embezzlement case, not the criminal case. Any beneficiary or trustee may choose to only prosecute an embezzlement claim in a civil court, without asking for criminal charges to be filed.

What is breach of trust?

A breach of trust most commonly refers to a trustee’s breach of fiduciary duty. A trustee is required to act prudently and consistently with what a reasonable trustee would do in a similar circumstance. Trustees cannot play favorites, act in a manner that does not benefit the trust beneficiaries, etc. In essence, a trustee has a fiduciary duty ...

What is a trustee in a trust?

A trustee is the individual or entity charged with managing the trust. It is the trustee’s duty to make responsible decisions with the trust fund assets. A trustee typically cannot take any funds from the trust for him/her/itself — although they may receive a stipend in the form of a trustee fee for the time and efforts associated with managing ...

Can a trustee play favorites?

Trustees cannot play favorites , act in a manner that does not benefit the trust beneficiaries, etc. In essence, a trustee has a fiduciary duty to put trust beneficiaries’ interests first, and when they do not they most likely will have breached a fiduciary duty.

Is misappropriation of property a civil case?

Criminal misappropriation of property is a charge associated with a criminal court case. It is not part of the civil case proceedings. In our experience, while most beneficiaries are frustrated with thieving trustees and what the wrongs righted, the vast majority do not wish to see the trustee incarcerated or even prosecuted.

Is litigation a long experience?

Litigation is an emotionally taxing and can be a long experience . While many people think they want a “shark” or a “pitbull,” the reality is that you want someone who understands you and your case, listens to you and your goals, and has a strategy to achieve your goals and is able to execute upon that strategy.

What to do if executor of estate is suspected of theft?

Here’s What to do if the Executor of an Estate is Suspected of Stealing. Acting as an executor is an important job. After a person dies, their executor will be performing a variety of legal functions, including selling property, paying creditors, bringing any lawsuits that need to be filed, and, if necessary, reviewing medical records ...

What should beneficiaries expect from executor of will?

Beneficiaries should expect to receive regular updates that document how the executor is handling the estate plan. If they become concerned that the executor is taking money from the will, they need to act quickly in order to preserve their inheritance.

What rights do beneficiaries have?

A beneficiary has the right to notification of probate court actions, to view the original will, and to ask the estate’s executor for information and documentation as it relates to the estate’s assets.

What are the types of misconduct by executors?

In addition to stealing from the estate, other types of executor misconduct include favoring one beneficiary over another, poor asset management and failing to provide a beneficiary with documentation that he or she has a legal right to receive, to name a few.

Can an heir take action against an executor?

State laws set a time limit in which an heir may take action against an estate executor. The longer the beneficiaries wait to act against the executor in question, the less likely they’ll be able to recover stolen funds and/or possessions.

Can you file criminal charges against executor of estate?

You can file criminal charges in addition to civil charges against the executor from the estate provided that you have enough proof of a crime taking place. Feel free to contact us for a referral to an experienced probate attorney to help you determine whether you have a case or not.

What to do if you suspect dishonesty?

But if you suspect dishonesty or fraud, file a complaint with your state bar. Best of luck.

Can I get a second opinion on a personal injury settlement?

This does sound like a small amount from the settlement, although as the other lawyers have pointed out, we don't know any of the facts. You can always seek a second opinion from another personal injury lawyer. Most personal injury lawyers will give a free consultation. I would suggest that you obtain a copy of the the release if not signed, the settlement sheet, before you sign it, along with any backup...

How long does it take to contest a will?

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to the Will’s validity or the probate of the Will.

Can a will be changed to disinherit siblings?

Sometimes the Will or Trust is changed to disinherit siblings. While a Will or Trust can be changed at any time, they cannot be changed after the maker is of unsound mind or if the maker is under pressure or duress from someone. We can assist with Will Contests.

What happens to a power of attorney after death?

A power of attorney is of no force or effect after death of the principal. If your father had only the two children and was not married at the time of his death, then you each are entitled to half.

What to do if your sister doesn't open an estate?

If your sister does not open an estate you can petition to do so. The power of attorney expired when your father passed, so your sister has no more authority than you have. Try to meet with her and discuss matters calmly you may be able to file an expedited estate matter because of the limited assets.

What is a durable power of attorney?

A durable power of attorney is effective during the lifetime of the principle, or person who made the power of attorney. The authority of the power of attorney ends at the death of the incapacitated principle. An executor named in the will or appointed by the probate court is the person who takes care of the deceased property, and they receive that authority from the probate court. Therefore, your sister is exceeding her authority, and I would advise getting an attorney to start the probate process and fight for your rights as an heir.

What happens if your father passes away?

Once your father passed away, the power of attorney has no power. If he left no will you and your sister are his heir and would divide anything left in his estate between the two of you. However, if she made those transfers while he was alive with a valid power of attorney, those items might already be hers.

What happens if your mother is not alive?

If your mother is not alive, the children would share equally in your dad's estate. You can file a complaint with the court concerning the title revision. The life insurance would transfer per the beneficiary designation.

What happens if your sister adds your name to the title?

If your sister uses it after death to transfer property on your father's behalf she is committing fraud. However, if she added her name to the title during your father's lifetime, there may be little you can do unless you can prove that was not your father's intent.

Can a person die without a will?

The estate of a person who dies intestate (without a will) is subject to the laws of the state in which he or she resided at the time of death. Your sister's power of attorney ended at the moment of your father's death. Check with an attorney in your state about how to get an executor or personal representative assigned to your father's estate to pay the bills, distribute the assets, and close the estate.