Can a lawyer release a deceased client's trust funds to the client's mother?
Apply this to your situation
This page answers the general question as of 1989. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned whether a lawyer can deliver trust funds to the mother of a deceased client. The committee was of the opinion that this presents a legal rather than an ethical question, and that all it could say is that the lawyer may deliver the money to the mother if the lawyer is satisfied that she is entitled to it.
Currency note
This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer just hand a deceased client's trust funds to a family member?
A: Under this 1989 opinion, the lawyer may deliver the funds to the deceased client's mother if satisfied that she is entitled to them; the committee treated the entitlement question as legal, not ethical.
Q: Did the committee decide who was entitled to the funds?
A: No. It characterized that as a legal question and said only that delivery turns on the lawyer being satisfied of the mother's entitlement.
Background and rules framework
At the time of this opinion, Washington's RPC 1.14 governed the safekeeping of client property, the subject the current Model Rules place in Rule 1.15. The committee applied it to a deceased client's trust funds by tying release to the lawyer's satisfaction that the recipient is entitled, while leaving the underlying entitlement to be resolved as a matter of law.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.15 (safekeeping property)
- Washington RPC 1.14 (as numbered at the time of the opinion)
See also
- WA Ethics Op. 1327: Trust Funds With More Than One Claimant
- WA Ethics Op. 1320: Trust Account Overbalance and Earned Fees
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=393
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning whether you can deliver trust funds to the mother of a deceased client. The Committee was of the opinion that this presents a legal rather than ethical question, and that all they could say is that you can deliver the money to the mother if you are satisfied that she is entitled to it.
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