Can I have a better understanding of the responsibilities of an attorney to the expectations of their client when establishing a checking account for an estate?

This legal question related to probate in Texas has been answered.

The probate attorney that my brother, the administrator of our father’s estate at the time, retained did not request that my brother bring proof that he had in truth opened or established an estate checking account after the judge had ruled that he could transfer the monies from our deceased father’s checking account into an estate account.  Since our attorney did not require that my brother return to his office with the deposit slip a checking account number and a checkbook for the estate my brother took the money and deposited into his own personal checking account.  Later he cashed out and closed his account and ran off with the estate monies.

In the state of Texas, do attorneys not have to make sure that the Law is followed by the estate administrators in both taking responsibility that an estate’s monies are in a secure bank checking account and by making sure that the administrator of the estate is taking his job, as the estate‘s administrator, lawfully?

Does the attorney not have a responsibility, to the rest of the heirs of the estate, to make sure that the appointed administrator is following the law?

If the attorney doesn’t keep track and the administrator embezzles the funds what rights do the rest of the heirs have concerning the irresponsibility of both the appointed administrator and the attorney?

Thank you for helping me know what I,  as the new estate administrator, can legally do  concerning this attorney.  He just told me that he could no longer represent me (even though I paid the larger portion of his retainer) because of what my brother had done.  So I lost my retainer and lost my part of the estate monies.

I appreciate any information that I legally have.

Responsibilities of an Attorney in Establishing a Checking Account for an Estate

As the new estate administrator, you have a right to know the responsibilities of an attorney when it comes to establishing a checking account for an estate. In the state of Texas, attorneys have a duty to provide competent representation to their clients and to abide by the rules of professional conduct.

The attorney in your case should have ensured that your brother, as the estate administrator, opened an estate checking account and provided proof of this to the court. The attorney should have also verified that your brother was following the law and his duties as the administrator of the estate.

If an attorney fails to perform their duties and an administrator embezzles funds, the heirs of the estate may have the right to take legal action against both the attorney and the administrator. However, the specific legal rights and remedies available will depend on the individual circumstances of each case.

As for your situation, it is concerning that the attorney you hired to represent you in this matter has withdrawn from representation. You may want to consider seeking the advice of another attorney who can help you understand your legal options.

Possible Solutions from the Legal Perspective

There are several legal options available to you if you believe that your attorney has not fulfilled their duties in representing you or if you believe that your brother has embezzled estate funds. These may include:

1. Filing a complaint with the State Bar of Texas: If you believe that your attorney has violated the rules of professional conduct, you may file a complaint with the State Bar of Texas. The State Bar investigates complaints of attorney misconduct and may take disciplinary action against attorneys who violate the rules.

2. Filing a lawsuit against your brother: If you believe that your brother has embezzled estate funds, you may be able to file a lawsuit against him to recover the funds.

3. Hiring a new attorney: If your previous attorney has withdrawn from representation, you may want to consider hiring a new attorney who can help you understand your legal options and represent you in any legal actions that you may take.

Relevant Authorities in Texas

If you need additional information about the legal rights and responsibilities of attorneys and estate administrators in Texas, you may want to consult the following authorities:

1. Texas Probate Code: This code outlines the rules and procedures that must be followed in the administration of estates in Texas.

2. Texas Disciplinary Rules of Professional Conduct: These rules set out the ethical standards that attorneys must follow when representing clients in Texas.

3. State Bar of Texas: The State Bar of Texas is the professional association for attorneys in Texas and provides resources and services to its members.

Rates for Various Legal Services in Texas

The cost of legal services in Texas can vary depending on the complexity of the legal issue and the experience and reputation of the attorney. According to Explore Lawyers, the average hourly rate for attorneys in Texas is $250-$350 per hour.

Here is a table of estimated rates for various legal services in Texas:

Examples of Similar Legal Issues with Possible Solutions

1. In a case where an attorney fails to ensure that an estate administrator opens an estate checking account and the administrator embezzles funds, the heirs of the estate may be able to file a lawsuit against both the attorney and the administrator to recover the funds.