Spouse of deceased A/A entitled to A/A fees? (California)

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Spouse of deceased A/A entitled to A/A fees? (California)

Postby inquiring mind on Tue Nov 10, 2009 9:23 am

Have you had any case where it was found that the spouse of the deceased A/A is entitled to A/A fees with the following scenario?

A/A died before he was able to settle client's claim. Several months after his death, C/A and EE agreed to do a C&R. OA issued with 12% withheld for A/A fees. Apparently, no one took over the practice of deceased A/A and no estate left per the former secretary. Spouse got hold of the information about the withheld fees and would like it released to her of at leats a portion of it. Does she have a legal standing to request A/A fees?


inquiring mind
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Re: Spouse of deceased A/A entitled to A/A fees? (California)

Postby rbaird on Tue Nov 10, 2009 10:03 am

I believe the State Bar has a panel of volunteers who will wind up the practice of a deceased attorney. Spouse needs to establish a probate file for summary adjudication if (like the shoemaker's kids being shoeless) the attorney died intestate. The amount involved in an inchoate fee claim may not make the hassle factor worth it. The bottom line is the interest of the decedent's clients must be protected and the practice closed formally. I suppose the defendant could tender the amount withheld and let the former client and the spouse duke it out at the WCAB.
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