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My brother is the executor of his brother-in-law's estate in Pennsylvania and there is about $200,000 in the attorney's escrow account. The estate is almost wound up (estate taxes have been paid) but the attorney was just admitted to the hospital with COVID. He is in bad shape and is on a ventilator. The question is: is the money safe and if the guy dies, who takes care of the estate and the escrow money and any idea how long that would take?
Thank you very much for any assistance.
Thank you Steven424. My brother and I appreciate the advice.
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Hi - I am not an attorney, but my late wife was a Trust & Estates attorney in NYS. I will try to answer your questions generically.
(1) If the $200k was in the attorney's escrow account it is most likely safe. There are very strict rules surrounding escrow accounts because the funds do not belong to the attorney and cannot be used to benefit the attorney in any way.
(2) Was the attorney a sole practitioner or a member of a law firm? If a sole practitioner I recommend you contact the Pennsylvania Bar Association for advice. They are probably aware of the attorney's condition and can answer your questions. Plus, they can probably provide you with a list of potential substitute attorneys.
If the attorney was a member of a law firm with other attorneys, the law firm will have all the documents and should assign all transition and escrow matters to another attorney.
(3) How long it will take depends on many factors so there is no best answer
Ultimately you can contact the PA Probate Court (called, I found out, the "Orphan's Court") and ask for guidance. They will probably direct you to the State Bar Association.
Good luck!
--- Steve
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