Estate Law Questions? Ask an Estate Lawyer.
Did the original bill not reflect the November services?
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.
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.
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
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.
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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