Legal Question in Wills and Trusts in California
equitable division of legal fees
My aunt left a rather complicated/ambiguous will behind after she died, and my siblings and I (all in different states) now find ourselves in the position of having to hire an attorney in CA to help us negotiate a settlement. My aunt left one of my sisters significantly more than the rest of us, yet this sister believes that the legal fees should be divided equally among the four of us. I believe that the bill should be divided proportionately.
In other words, if three people receive $5K apiece and the fourth person receives over $100K, should the attorneys' fees be divided in four? or should they be divided in proportion to the gifts received?
4 Answers from Attorneys
Re: equitable division of legal fees
The fees should be paid from the estate - call me dirctly.
Re: equitable division of legal fees
If you and your siblings are hiring an attorney to represent your interests in hiring an attorney, it is a matter of negotiation and agreement between you. If the complexity of the will is causing the need for legal representation of the estate, then the fees are paid from the estate.
Re: equitable division of legal fees
Generally, the estate pays the attorney fees prior to distribution. That way, the estate itself is responsible for the fees and not one individual or another.
If you would like assistance, please feel free to contact our office. We are located in Pasadena, CA and specialize in trusts and estates.
The number and address provided by LawGuru are correct and we can also be reached through our website (it's an informative site, too!) No-Probate.com.
Re: equitable division of legal fees
Please note that by the estate paying the legal fees payment by the heirs is proportionate to their percentages of the assets. But why could the administrator of the Will resolve the issue among you and/or hire an attorney to do so?
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