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

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the probate layer for my...
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: 2 years ago.Category: Estate Law
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Answered in 1 minute by:
11/11/2015
Estate Lawyer: LegalGems, Attorney replied 2 years ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 11,525
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Did the original bill not reflect the November services?

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Customer reply replied 2 years ago
I never received a bill.
Estate Lawyer: LegalGems, Attorney replied 2 years 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.

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Customer reply replied 2 years 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.
Estate Lawyer: LegalGems, Attorney replied 2 years 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.

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Customer reply replied 2 years ago
Oops my mother still owes $49,000 on the house
Customer reply replied 2 years ago
I am paying to have lawyer get this done fast for the buyers to close by November24
Estate Lawyer: LegalGems, Attorney replied 2 years 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.

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Customer reply replied 2 years ago
But now I am getting a new amount for probate. Just pay it or ask for a reduced fee
Estate Lawyer: LegalGems, Attorney replied 2 years 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.

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Estate Lawyer: LegalGems, Attorney replied 2 years 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!

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