If the deceased had a personal attorney, notify them of the passing. They may have been involved in legal matters such as contracts, lawsuits, or document storage, and can help confirm whether a will or other legal records exist.
Frequently Asked Questions
Legal
Why should I notify the deceased's personal attorney?
The personal attorney (distinct from an estate planning attorney) may be handling active legal matters—lawsuits, real estate transactions, business disputes, divorce proceedings, or contract negotiations. These matters do not automatically stop when someone dies. The attorney also owes the estate a duty to preserve confidential information and may hold important documents. Notify them promptly so pending matters can be properly handled or transferred.
What happens to pending legal matters when someone dies?
Active lawsuits do not disappear. If the deceased was a plaintiff, the estate can usually continue the case through the executor. If the deceased was a defendant, the case continues against the estate. Some claims (like personal injury) survive death; others (like defamation) may not—this varies by state. The attorney handling the matter will advise on next steps. Notify the court of the death through the attorney to avoid default judgments.
Does attorney-client privilege survive death?
Yes. Attorney-client privilege generally survives the client's death indefinitely. The attorney cannot disclose confidential communications without the consent of the executor or personal representative of the estate. The executor steps into the deceased's shoes and can waive the privilege if it serves the estate's interests. However, the privilege belongs to the estate, not to individual family members—only the executor can authorize disclosure.
Costs
What happens to retainer funds held by the attorney?
Any unearned retainer funds must be returned to the estate. Attorneys are ethically required to provide a final accounting showing work performed and fees charged against the retainer. If you believe the charges are unreasonable, you can dispute them with the attorney and, if necessary, file a complaint with your state bar association. Request the accounting in writing and review it carefully before accepting.