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Asked in IL May 19, 2022 ,  0 answers Visitors: 5
Hello, I was 1 of 4 beneficiaries of a releative's estate that has been closed and the funds were distributed last year. Our attorney was the trustee of my releative's estate. Our attorney at the closing of the my relative's estate was supposed to put $1500.00 in an escrow account for real estate taxes on my relative home and failed to do so. Now the real estate tax bill has been receive for last year and the new owner of the home is looking for the funds. I also paid the attorney $495.00 for the closing. Question, am I still liable for the monies not deposited in the escrow, and should I be able to receive a refund on the attorney fees since the services billed were not the services that were completed?
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2 Answers

Henry Repay
Henry Repay ( Ask a Question )
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Belvidere, Illinois
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Posted on / Jul. 23, 2013 04:09:00

Have you checked with your attorney to confirm that the new homeowner is correct? What you describe is one way of handling things, but not the most customary. Usually, prorations are made at closing and are final. If the funds were to be escrowed, are you certain that they are not on deposit with the title company or one of the attorneys. Otherwise, I would say that, yes, the heirs should put up their respective portions. You might ask for a refund or credit on the legal fees, but in my view the attorney did much more for that closing and this error that just requires you to pay what you would have at the time is not enough an issue to warrant his or her losing all compensation for services. He or she should help correct the matter, however, without billing more fees.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree 0
Reply

Posted on / Jul. 23, 2013 04:09:00

Have you checked with your attorney to confirm that the new homeowner is correct? What you describe is one way of handling things, but not the most customary. Usually, prorations are made at closing and are final. If the funds were to be escrowed, are you certain that they are not on deposit with the title company or one of the attorneys. Otherwise, I would say that, yes, the heirs should put up their respective portions. You might ask for a refund or credit on the legal fees, but in my view the attorney did much more for that closing and this error that just requires you to pay what you would have at the time is not enough an issue to warrant his or her losing all compensation for services. He or she should help correct the matter, however, without billing more fees.

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