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If a lawyer has received the settlement check and has it in escrow do i get the interest on check

Bronx, NY |

we're waiting for surrogate court how long does it take they say 4 months . before it is approve papers went in April of 2013

Attorney Answers 3


  1. Check your written retainer agreement about whether the attorney's client fund account is interest bearing?


  2. 4 months it is!


  3. You have a lawyer and that's the best person to anwer your specific questions. In general, whether you get interest depends on what account your attorney put the check in. If it's in an IOLA account, the interest goes to the Client Protection Fund. That's the appropriate thing to do unless the money is going to be tied up for a very long time. The Bronx Surrogate's Court can take a long time to approve papers, depending on how complex the matter was. You could ask your lawyer to place the money in a separate interest bearing account if it's likely to take much longer. The rate is likely to be very low, however.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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