Posted by John Merchant on June 11, 2007 at 07:34:12:
No, you misunderstood.
The whole estate, often, is cash-poor but asset rich and the big need is to convert some or all of those assets into cash so as to pay final debts of deceased and costs of estate administration.
The lawyer isn’t going to be able to put his fee out in front and get paid ahead of everybody else, but ANY cash coming in helps pay all those bills including the atty’s fees.
In an Intestate Administration (no last Will found or filed for probate)the probate court decides what to sell and for how much, then the distribution of the liquid cash, payment of bills, etc.
But with no cash, nothing can happen and nobody’s going to get paid so things have to be sold, cash raised to pay bills.
In a hefty percentage of all Intestate Administrations there’s little cash, so if you don’t hear from the lawyer pretty quick, send a letter to the Probate Court (the probate judge) and he/she’s going to be interested in hearing what you have to say as it’s the judge’s job to find the cash to pay the bills if possible…that Judge will then tell the lawyer what he/she WILL do, and you will then probably be hearing from the lawyer.