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."
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