My wife inherited 100K from a person worth $5M. We suspect the attorney handling the estate took some of the money. Who can help me?

UPDATED: Mar 19, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My wife inherited 100K from a person worth $5M. We suspect the attorney handling the estate took some of the money. Who can help me?

The attorney went into semi-retirement after reading the will.

Asked on March 19, 2009 under Estate Planning, Georgia


S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Did you ever receive the 100K, or do you suspect the amount should have been more than 100k ??

If you did not receive the 100K, go to the Probate Court and get a copy of the court file. Possibly the person did not have enough assets to cover all their bequests. Review the statement of assets and liabilities which should be filed in the Probate Court case.

Who was the executor of the estate ? It is their responsibility to distribute the estate. Have they filed any paperwork stating that the estate was distributed ? Possibly the estate is still being administered (it may still be in process of identifying assets and debts and locating heirs).

If the monies were paid to the attorney ( i.e. if the attorney was the executor/administrator of the estate) and you believe there has been misappropriation of the bequest, you have two routes to pursue correction: 1. The Probate Court, whose job it is to oversee the distribution of the estate, and   2. The State Bar of Georgia, who will check on any complaint about a lawyer and decide if the allegation can be sustained.

If the State Bar proceeds with a disciplinary proceeding against the attorney, they may (or may not) require restitution to the victim, as one of a lawyer's probation conditions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption