Legal Question in Wills and Trusts in Wisconsin
Received Inheritance, Lawyer Wants Half Back
I was sent a check for $12,497.47�my portion of an
inheritance. The law firm which sent it out, did so
prematurely...before the estate was closed. Now 2 more
heirs were found and want their share. The attorney
has demanded 1/2 of the money back from each heir in
order to give the 2 new heirs their share. I had
already used my money on a much-needed car and I do
not have any to send back. He admitted that he should
have waited to disburse the checks until after the
estate matter was closed, but apparently his mistake
doesn't make any difference and he is not held liable.
Is this true? None of my paperwork ever stated that he
could take a portion of the money back. This is
unfair. Is there anything I can do about it before he
takes me and the other heirs to court on this matter?
I really cannot pay the money back and I do not
qualify for a loan. Plus, this was clearly THE
ATTORNEY'S mistake. Pleas
2 Answers from Attorneys
Re: Received Inheritance, Lawyer Wants Half Back
Based on the information provided, it is not clear whether the attorney is guilty of malpractice. The timing of the events, i.e., when the estate should have been closed, when the other heirs appeared, etc., are important. If you did not receive and sign a receipt for the distribution, you may not be obliged to return the funds. Don't be intimidated by the attorney's pressure on you to return the money. You are advised to consult with a local attorney who can review the documents and determine your obligation;his/her fee should be paid by the estate. T
Re: Received Inheritance, Lawyer Wants Half Back
Interesting question. I am not sure I have the complete answer. If you didn't sign a refunding receipt [one that requires you to repay part of the money] I am not sure you have an obligation to give back the money, but you may. Certainly the attorney was wrong and he should forego at least part of his fee to cover the short fall. You still may be responsible since the money you received was more than you are entitled to but I wouldnt be to quick to give it back and it might behoove you to have a lawyer. His fee might ... just might be payable by the estate as well.
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