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Nate
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Category: Estate Law
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Experience:  Over 10 years of legal estate experience.
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My attorney is asking to see non probate assets. Is it law

Resolved Question:

My attorney is asking to see non probate assets. Is it law in Ohio that lawyers get a percentage of non probate money? Can I ask for documented time on my case to see the charges?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Nate replied 12 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Is the attorney acting as the administrator / executor, or is he just assisting the administrator / executor with the estate?

And, what specific non-probate assets is he inquiring about?
Customer: replied 12 months ago.

I am the named executor. He is asking for an accounting of all income and investments that did not go through the probate court. He says that the probate court sets the attorney fees and this includes a percentage of all assets (insurance, investment, ira, etc) that were not part of the probate estate.

Expert:  Nate replied 12 months ago.
If the assets are not a part of the estate then they are not considered for determining the fee. Insurance policies and accounts with beneficiaries pass outside the estate. He has no business concerning himself with those items.

This may be a signal that it is time to find new counsel for administering the estate.

Here is what the Ohio Bar Association has to say about attorney compensation and estate administration:

"The costs assessed by the probate court are based on a schedule of charges established by law for each type of document filed in the court. Costs typically are about $200. Attorney fees charged for handling matters of the estate must, in most cases, be approved by the court. Typically, attorney fees are based on an hourly rate for the actual services performed by the attorney, or the attorney fees may be charged in accordance with a recommended fee schedule established by the probate court. The executor or administrator is entitled to receive a fee set by Ohio law, based on a percentage of the value of probate property and income, as well as the value of nonprobate property includable for Ohio estate tax purposes (excluding joint and survivorship property). An executor or administrator may request additional fees for extraordinary services. Executor and administrator fees are taxable and frequently waived."

source: https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-17.aspx

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 12 months ago.

Is there somewhere I can look to find out what the recommended fee schedule is that was established by the probate court. I have been led to believe this includes non probate assets.

Expert:  Nate replied 12 months ago.
The probate court clerk where the estate is being administered would have that fee schedule. Just ask them for a copy.
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10628
Experience: Over 10 years of legal estate experience.
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