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WSBA 1989

Can a lawyer release a deceased client's trust funds to the client's mother?

Short answer: The committee was of the opinion that this is a legal rather than an ethical question; 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.

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This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1989
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.
Disclaimer: Advisory only. Not binding precedent.
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 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 Treat this page as historical context, not current guidance.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

Source

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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