[WSBAPT] Accessing Deceased Attorney's IOLTA

[Lewis, Amy C.]

One of my colleagues is currently handling a probate of a deceased attorney.  This attorney's practice area was immigration, and he had taken deposits/retainers from many clients.  We felt it was necessary to find another immigration attorney to assist with winding up the practice.  Here are my colleague's comments regarding our matter:

In response to the questions of whether or not a non-attorney PR can disburse funds from the IOLTA, the answer is no. The bank will not likely allow access to the IOLTA account. Even if the bank were to, I would be concerned with the PR having legal exposure, as a licensed attorney must access those funds.

The guidance that I have gotten from the WSBA (and from the court) on this issue is that a licensed attorney must "wind down" the law firm, which includes handling the IOLTA (settling the accounts, issuing refunds, etc.), as well as the operating (non-IOLTA account). What seems to be the preferred/agreed upon path in these types of situations is for the PR to retain an attorney, preferably someone with experience in the same practice area(s) as the firm, and that attorney is hired to wind down the firm. The attorney can retain non-attorney professionals to assist with things like accounting, but the actual disbursements and refunds and assessment of cases and fees earned should be handled by an attorney that the PR hires.

Some probate attorneys will do this as part of the representation of the PR in the estate, but our analysis was that there is too much risk in doing so and such work should be outsourced to a firm that has greater experience in the practice area.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, September 15, 2023 10:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Accessing Deceased Attorney's IOLTA

I would think opening the probate, getting Letters and then providing to the bank will do the trick.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael westseattleattorney.com<http://westseattleattorney.com>
Sent: Friday, September 15, 2023 7:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Accessing Deceased Attorney's IOLTA

Please post to list

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com> <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>>
Sent: Friday, September 15, 2023 7:23 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Accessing Deceased Attorney's IOLTA


Listmates:



A colleague unexpectedly passed away this week.   I am working with a daughter and the bookkeeper to close the office.  I've contacted the WSBA and was referred to the practice management people and left a message.  No response.  The bar website has information on closing another attorney's office; dealing with the open files is easy, in this case.  However, how does one access the IOLTA account to refund the retainers?  Can a non-attorney PR disburse IOLTA funds simply by having letters testamentary?  Any insight would be appreciated.



Jeff



W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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