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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42257
Experience:  Texas lawyer for 30 years in Estate law
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When an attorney is red to defend an estate and the

Customer Question

When an attorney is hired to defend an estate and the employment contract states they are employed to "represent us, in the matter of the estate of xxxxx, in any judicial and non judicial proceedings relative to such estate" and the attorney charges a "contingency" fee, are they limited to 1/3 of the estate or can they charge 40%?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

This is negotiable here in Texas.As long as they set out the amount here in the fee agreement and you agree to it they can charge whatever they want.You have the option to seek a different lawyer.

It is not unheard of for a lawyer to charge 40% if they take it contingent fee especially if it is complicated or has much property and a lot of creditors.Again you should shop the fee here and seek the best deal as the personal representative here for the estate.You are to manage the estate and this is part of it.As long as the agreement reflects what was agreed it is legal in Texas be in 20%, 40%, 50%.

I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.