Can a probate attorney takes money from an estate escrow account to pay their fees without your consent in NY state?
Probate attorney was holding money in escrow and took the balance of their fees from it without our consent.
Attorney Answers
3
Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
If the estate was completed and you and other beneficiaries signed Receipt and Releases, the attorney can pay himself from the funds held in escrow at anytime. I would also agree with my colleague for you to go back and review the letter of engagement or retainer agreement if your are the executor of the estate as this may have been detailed therein. If you are not the executor, then you will need to speak to that person for more information on how this should have been handled.
0 upvotes
Charles J MooreProbate AttorneySaint Charles, MOMO licensed ·
Are you the executor of the estate or a beneficiary? Was the "escrow account" the attorney's trust account? Without knowing this information, this question really cannot be answered accurately.
0 upvotes
Joseph Bollhofer ·
It depends upon what the escrow agreement states. More information is needed.
0 upvotes
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