LEO: Estate Administration  LE Op. 309


Estate Administration.


December 12, 1978


If "A" and "B" have tendered to an attorney a deed that is part of "C's"

estate and at a later time "B" demands return of the deed under a claim of

right, the attorney holds the deed in a fiduciary capacity for the benefit

of the estate and should deliver the deed to the estate after the

appropriate personal representative has qualified. [See II: DR:2-108(D),

DR:5-105, DR:7-101(A) and DR:9-102(B)(3) and (4).1


Committee Opinion December 12, 1978