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 He just told me that he could no longer represent me (even though I paid the larger portion of his retainer) because of what my brother had done.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.
