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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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WebLaw I am looking to retain an Attorney in New York to

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WebLaw: I am looking to retain an Attorney in New York to handle the Estate of my wife's deceased Aunt. Her estate is estimated to be between $200K and $600K (a wide range because we do not know for sure). The attorney said that I will have to advance her $1,500 to ensure her availability and for the initial start up costs. Then she wants $5,000 reserve to work from. Every time this amount reaches $500, then I need to replenish the fund. She claims that I will be reimbursed from the Estate. If my wife's Aunt did not live a Will or Trust, then it will go to probate. Under NY Law is there a limit on the amount charged to settle an Estate of this size?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello Art Carlo,

Attorneys fees in New York are required only to be "reasonable". There is no maximum or minimum that may be charged. That said it does not appear that the attorney is requesting an unreasonable sum of money at this point.

However you will want to discuss this matter with your bankruptcy counsel. An inheritance that you become entitled to would be considered part of your bankruptcy estate
Customer: replied 6 years ago.
My wife's Aunt died one month after I filed for bankruptcy. Also, my wife and her siblings are the next of kin blood relatives and will receive the inheritance (I will not). Will it still be considered part of my Bankruptcy estate given that my wife did not file for bankruptcy?
Expert:  Ellen replied 6 years ago.
Thank you for clarifying --no it would not be considered part of your bankruptcy estate
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