What happens to a contract with a lawyer if client dies?

Question

My father-in-law signed a contract with a lawyer over a dispute with probate of his father's estate. The lawyer froze all assets that were in probate. My father-in-law passed with no will. He had no property and all assets were used to pay for his final expenses. He really has no estate and nothing went to probate. Is the contract still valid? If the contract states that the attorney is still owed money who has to pay for that? How do we get the funds in probate released?

Answer 1

Actually, the lawyer could not freeze the assets -- only a court could do that -- so, the lawyer got the court to freeze the assets.

The contract is still valid -- if the services were rendered by the attorney prior to his death. The contract cannot continue past the point of his death -- since the attorney has no more client.

However, the client's (father-in-law's) estate is still liable for any debts that occurred prior to his death -- and that includes debts to the attorney for services rendered.

As for the funds in probate -- again, that would be an issue for whatever court ordered them frozen -- and if those funds are released, then the father-in-law may inherit something -- which means his estate would have assets, which means the attorney could attempt to collect on the outstanding debt.