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 LegalGems Your Own Question
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9908
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
63726236
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

The probate layer mothers estate has never given me a bill.

Customer Question

the probate layer for my mothers estate has never given me a bill. Now that the buyers need to do closing before the end of the month, the probate lawyer speeded up the process in order to get it probated done for the buyers. He has known since April this
had to be done and the out of state probate paper were given to him on June 9. He did not start the process until November 10. Can I have him give me another quote for doing the probate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

Did the original bill not reflect the November services?

Customer: replied 1 year ago.
I never received a bill.
Expert:  LegalGems replied 1 year ago.

Attorney fees, pursuant to statute, must be reasonable and may not exceed 5% of the value of the estate. The attorney will submit an itemized bill to the personal representative. It is also submitted to the court clerk who must approve them. The fees come out of the probate estate.

Customer: replied 1 year ago.
The estate does not have any money. The house that my mother had is being sold for $57,000. The real estate fee of 6% the closing attorney fee and a judgement for3,500 against my brother will be paid during probate not much left. I asked the lawyer for months about the fee and completcompletion of the probate. Not sure what to do.
Expert:  LegalGems replied 1 year ago.

If the request is in writing, it can be attached to a motion requesting the court to order the attorney to provide an itemized statement of fees. Most attorneys will provide statements upon request to the PR. One moment please.

Customer: replied 1 year ago.
Oops my mother still owes $49,000 on the house
Customer: replied 1 year ago.
I am paying to have lawyer get this done fast for the buyers to close by November24
Expert:  LegalGems replied 1 year ago.

One can request a motion on on fees (attorney fees) so that the fees can be determined; here is information on fee disputes should it come to that

http://www.ncbar.com/rules/rules.asp?page=8

Typically a lawyer will have the PR sign a fee agreement; if that has not been done one should be executed asap so the client is aware of the estimated fees.

Customer: replied 1 year ago.
But now I am getting a new amount for probate. Just pay it or ask for a reduced fee
Expert:  LegalGems replied 1 year ago.

If the home was included in the estate, that would be part of probate; and that caps at 5%. It never hurts to ask for a reduced fee; but the clerk should be made aware of all attorney fees paid in connection with settling the estate- which includes attorney fees paid in respect to the property.

Expert:  LegalGems replied 1 year ago.

If you have any questions please post here- otherwise

kindly rate positively

(smiley faces indicate positive rating) - this results in no additional charge to the customer but allows the site to credit me for my time spent assisting you.

Thanks!

Related Estate Law Questions