Another legal question

[Poundkey]

I have a legal question. Can a lawyer bill me for something that I’ve not requested? Some background…..my sister and I inherited a farm in 1992. We split the lots of the farm having her lots put in her name and my lots put in my name except for 1 lot that we jointly own. She has recently sold her lots and gifted the jointly owned lot to my wife and me.

We have received documents to be signed and notorized in order to transfer the joint lot but the documents also include all of my other lots to be put in both my wife and my names. Although we would like to have these lots put in both our names, we did not request this from her or her lawyer. So…my question, can her lawyer legally bill us for something we did not request?

Thanks for any help

 

[gutterman]

No, but you may want to make sure your wife did not request it be done!

 

[Poundkey]

Lol.....no, this is something we should have done back when my dad's estate was settled and it just got overlooked. We had even talked about having things changed, but now this has come up. As far as I can tell (or hope) this transfer will be billed to my sister......just wanting to make sure before we sign the papers. This is the same lawyer my sister used during the estate settlement and his fees are what I consider a bit too high.

 

[gutterman]

Unless you requested the lawyer to do it you are not responsible for it.

 

[Poundkey]

That's what I was hoping to hear......just making sure. Thanks very much for the help.

 

[Robert the Red]

Well, he may say that you verbally instructed him to do this. And then sue you if you don't pay. And if you don't respond to the lawsuit, he'll get a default judgment against you. This kind of thing happened to my BIL and his business partner (that is, their lawyer did something he was specifically instructed verbally not to do), who were filed against separately for the bill for unwanted services. My BIL responded to the suit, which is now pretty much on hold and will probably die off, but the partner did not and so has a court judgment against him for the entire amount claimed.

 

[Poundkey]

Well, he may say that you verbally instructed him to do this. And then sue you if you don't pay. And if you don't respond to the lawsuit, he'll get a default judgment against you. This kind of thing happened to my BIL and his business partner (that is, their lawyer did something he was specifically instructed verbally not to do), who were filed against separately for the bill for unwanted services. My BIL responded to the suit, which is now pretty much on hold and will probably die off, but the partner did not and so has a court judgment against him for the entire amount claimed.

Hmmm....I'll keep this in mind. I've only personally spoken to this lawyer once. The conversation had to do with easements to parts of my property that my sister quaranteed when she listed her property for sale. Hard to explain.....but when she sold, it cut my part of the farm into two different sections.

 

[Bestwifeever]

If the lawyer's unrequested work is already done I would just pay for it. As you mentioned it's something you would want to have done anyway, but you think this particular lawyer is a little expensive. At least the work is done now and you can put it out of your mind. And if something happened to you or your wife tomorrow, God forbid, the titles are clear.

 

[cashflo2u2]

Legally, you may not owe it unless it had to be done for some reason to do with the whole sale. On the other hand, if you were going to do it anyway, and you benefited from what the lawyer did, why would you not want to pay him? At least some negotiated amount?

 

[Poundkey]

Now that I've had a chance (today) to read through all the documents I think I understand why these lots are being put in both names. I'll try to explain.

When my sister chose to gift the joint lot to me (this is the lot with the old homestead) I asked her to put it in both my and my wifes names. When she put her land for sale it was noted to any buyer that there would be easements from the joint lot through her property to my lots. The lawyer (I believe) decided that since the joint lot was in both names that the easements (3) should also be in both names and therefore my lots should be in both names.

It's not that I wouldn't be willing to pay to have these lots put in both names, but I would like to have some idea of what the cost would be before hand.
The reason I'm leary of this guy is that after my dad's estate was settled my sister took him out (and paid) for a big steak dinner in Omaha and when we got his bill he charged us an hour for the dinner. That doesn't seem right to me.....

 

[ProspectiveBum]

The reason I'm leary of this guy is that after my dad's estate was settled my sister took him out (and paid) for a big steak dinner in Omaha and when we got his bill he charged us an hour for the dinner. That doesn't seem right to me.....

Nor me. Man, I guess all those lawyer jokes are true...

 

[Martha]

The reason I'm leary of this guy is that after my dad's estate was settled my sister took him out (and paid) for a big steak dinner in Omaha and when we got his bill he charged us an hour for the dinner. That doesn't seem right to me.....

Man, that is not right. I would never ever do that and I think it is unprofessional.

 

[Poundkey]

Man, that is not right. I would never ever do that and I think it is unprofessional.

This is kinda the reason I asked the question about him possibly billing me.

It's now looking more like everything he's doing will go onto her tab. Using this guy for a second time is a mistake on her part as far as I'm concerned.......along with selling Iowa farmland when corn is $6 to $7 a bushel. Oh well.

Really great having knowledgeable people to help out.
Thanks again to all

 

[Milton]

after my dad's estate was settled my sister took him out (and paid) for a big steak dinner in Omaha and when we got his bill he charged us an hour for the dinner.

Wow. I'd like to get in on that action ... but my clients would never put up with it.