Ezel / Ethics Opinions / MOLEC

What must a Missouri lawyer do with trust-account funds belonging to a deceased client?

Short answer The lawyer holds the funds, reasonably monitors for an estate, and pays the estate. If lawful distribution or an estate is unavailable or unjustified, the opinion directs use of Missouri's unclaimed-property process.
Bar
MOLEC
Issued
2018

Apply this to your situation

This page answers the general question as of 2018. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2018
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The funds remain in trust while the lawyer makes reasonable efforts to determine when an estate opens, after which payment goes to the estate. Applicable law may permit opening an estate for distribution.

If no estate can be opened, the amount does not justify one, and no other law or court order permits disbursement, Formal Opinion 118 directs compliance with the Uniform Disposition of Unclaimed Property Act.

In practice

Under this opinion, death does not change trust custody. Estate distribution is primary and unclaimed-property procedure is the fallback described.

Common questions

Q: Where do the funds remain? A: In trust.

Q: Who receives them? A: The deceased client's estate when opened.

Q: What if no estate route works? A: The opinion directs the Formal Opinion 118 unclaimed-property procedure.

Background and rules framework

Rule 4-1.15 governs safekeeping; Formal Opinion 118 and Missouri's Uniform Disposition of Unclaimed Property Act govern the identified fallback.

Citations and references

  • Missouri Rule 4-1.15; Missouri Formal Opinion 118; Missouri Uniform Disposition of Unclaimed Property Act

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Attorney is holding in a trust account funds belonging to a client who is now deceased. What should Attorney do with the funds?

Answer: Attorney must hold the funds in the trust account, make reasonable efforts to determine when an estate is opened, and then distribute the funds to the deceased client’s estate. If no estate is opened, Attorney may consider whether applicable law permits the opening of an estate to allow for distribution of the funds. If no estate can be opened, or if the amount of the former client’s funds is insufficient to justify the opening of an estate, and if disbursement cannot otherwise be made in accordance with other law or court order, Attorney should follow the procedure in Formal Opinion 118, which directs Attorney to proceed in accordance with Missouri’s Uniform Disposition of Unclaimed Property Act.

What do the rules say today, for your facts?

This opinion is from 2018. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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