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My father passed away and i am the administrator of his

Customer Question
My father passed away...

My father passed away and i am the administrator of his will. All of his assets were in a living trust. I did have an attorney, who was a friend, help me with initial paperwork, although i did all the calling and additional paper work. I received a bill from him - on a form entitled Probate Court, of xxx County, for approx 2% of his total assets!! there was nothing that went to probate. When i questioned his bill by asking for his hours, and papers filed with respect to this bill, he reduced his fee to 1% is that correct?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

As to what?

Submitted: 3 months ago.Category: Estate Law
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Customer reply replied 3 months ago
I don't really have any supporting evidence. I called the probate court, from which I received the bill, it's just a form filled out by the attorney, but when i called the court they had no information of my father's estate since it never went to probate. I assume the attorney filed something, although i filed the texts last year and will do so shortly this year. everything was in a living trust
Answered in 7 minutes by:
3/26/2018
Estate Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,890
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the attorney was a friend and agreed to work on the estate to assist you without charge, he has no right to now demand payment. If he was never hired to represent you, you can go to court and sue the attorney to make him prove the actual time he spent working on the estate. However, if he did work on the estate, then he is entitled to receive payment unless he agreed to work for free for you on filing the forms.

Even if the estate did not proceed through probate because it was in trust, if the attorney filed documents and assisted you with filling out forms, then what you owe him is based on whatever agreement he can prove he had with you.

If he is a friend, you need to contact him and start by negotiating with him and if not you have to decide if it is cheaper to pay the 1% or spend money on a new attorney to sue this attorney in court for charging when he agreed not to charge you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: Estate Law
Satisfied Customers: 125,890
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Experience: Experienced in Trust and Succession Law, including Louisiana Laws

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