How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience:  Attorney with experience in wills, estates and trusts
15417118
Type Your Estate Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

What are the typical fees an estate lawyer will charge a personal

Customer Question

What are the typical fees an estate lawyer will charge a personal representative for opening probate, etc. and preparing federal and state taxes (in the state of FL)?
Submitted: 5 years ago.
Category: Estate Law
Expert:  lwpat replied 5 years ago.
Fees vary depending on the size of the estate and the amount of work required. Usually an accountanr will be retained for the tax returns. Minimum attorney fee is around 2500. For the first 100,000 in value the fee will usually be around 5% and between 1 and 4% of all over the 100,000.

Here is the exact statute

  1. Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
    • One thousand five hundred dollars for estates having a value of $40,000 or less
    • An additional $750 for estates having a value of more than $40,000, but not exceeding $70,000.
    • An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
    • For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
    • At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
    • At the rate of 2 percent for all above $3 million and not exceeding $5 million.
    • At the rate of 1.5 percent for all above $5 million and not exceeding $10 million
    • At a rate of 1 percent for all above $10 million.
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience: Attorney with experience in wills, estates and trusts
lwpat and 2 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
Are fees calculated on the size of the estate, then? Independent of, say, actual hours spent for the client? Or does the statute set a limit or guideline for billiable hours? For example, for a $2.2M estate should I expect a bill of $71,000 (including $11,000 for 706 filing fee) regardless of the hours spent?
Expert:  lwpat replied 5 years ago.
The percentages in the statute are presumed to be reasonable. The attorney is free to charge less or to charge more if he can still show that the charges are "reasonable" based on the amount of work.

An accept for my time is always appreciated.
Customer: replied 5 years ago.
The attorney must show that the charges are reasonable with an itemized bill, for example?
Expert:  lwpat replied 5 years ago.
That is correct. You should always receive an itemized bill.
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience: Attorney with experience in wills, estates and trusts
lwpat and 2 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
My father did not received an itemized bill. Rather, the atty simply charged the "reasonable fee" ($71K) Because of friendship outside the office they discounted that fee to %40K, according to the letter he received. But there was nothing itemized regarding his time spent nor that of his assistants, nor what they did except general statements like "estate planning work", which is in the body of the letter. If I have additional questions should my next step be to contact the FL bar regarding my rights?
Expert:  lwpat replied 5 years ago.
If it was your father that retained them, any action would have to be started by him. Here you are going to have a hard tiem showing that a fee of 40K is unreasonable when the statute allows 71K. He can request an itemized billing but here I do not see that there is a cause for a complaint to the bar.
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience: Attorney with experience in wills, estates and trusts
lwpat and 2 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
No complaint to the bar, I just want to understand. It doesn't strike me as reasonable if the actual hours worked amounted to, say, 40, and I'm required to pay $40K.

Anyhow. Thanks for your help.
Expert:  lwpat replied 5 years ago.
You're welcome.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 
Chat Now With An Estate Lawyer
lwpat
lwpat
Estate Lawyer
25384 Satisfied Customers
Attorney with experience in wills, estates and trusts