Legal Question in Credit and Debt Law in Massachusetts
Atty has threated lien against fathers estate
My sister went through a nasty long divorce. Paid atty thousands and still owes thousands. Been paying what she can on bill. Her attorney has threatened to put lien against our living fathers property and his estate when he passes if she doesnt pay up. Can this be done??
3 Answers from Attorneys
Re: Atty has threated lien against fathers estate
Of course the attorney can seek to collect what is owed to him/her, including in some instances the exercise of an attorney lien. What makes you think that you wouldn't have to pay?
Re: Atty has threated lien against fathers estate
Yes. The attorney can seek a lien against the estate(inheritance) to cover an outstanding debt. If the bill is paid before then, then No.
Re: Atty has threated lien against fathers estate
Attorneys are governed by a code of Professional Discipline specific to each state. In the Commonwealth of Massachusetts, all licensed attorneys must abide by the Massachusetts Rules of Professional Conduct. That being said, pursuant to the Massachusetts Rules of Professional Conduct 1.8(j), a lawyer is allowed to acquire a lien granted by law to secure the lawyer's fee or expenses. Query, however, whether the fee is excessive ( a violation of Massachusetts Rules of Professional Conduct 1.5(a) or whether the lawyer is threatening to take an action he cannot legally take (placing a lien on property which has not vested in the debtor). Please feel free to contact my office direct for a free initial consult based on the facts of your specific situation.;)
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