Legal Question in Wills and Trusts in California

Executor of Estate billed by Attorney

I am the executor of the estate of a deceased friend. I recently received a personal bill from the attorney handling the case for time she says she spent on my behalf. I did not ask her to do this or sign a retainer with her for personal services. Is this legal or ethical? How should I reply to this bill?


Asked on 10/19/07, 3:40 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Executor of Estate billed by Attorney

Mr. Grant is correct that you do present two different sets of information. If you never retained the attorney, then she is not entitled to anything. If you did hire her, she is entitled to be paid, either at the agreed to rate in the written contract [if over $1,000] or if no written contract at a reasonable rate.

Has the estate been submitted to Probate; if it is worth more than $100,000 that must be done. At that time someone, perhaps you, will be appointed by the Court to administer the estate. One of your powers will be to hire an attorney to represent you in handling the estate.

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Answered on 10/19/07, 10:14 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Executor of Estate billed by Attorney

I have answered this in your second attempt. You should have no trouble with this.

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Answered on 10/22/07, 3:54 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Executor of Estate billed by Attorney

This question doesn't quite add up - or is worded such that it doesn't quote add up to me. First, not sure what is meant by 'personal bill'. Second, if you knew she was 'handling the case', how can you say you didn't ask her to do (or know she was doing) anything? The CA ethical rules require that if fees are expected to exceed $1,000, a written retainer agreement be signed; otherwise, it is usually not required. Perhaps one of the other attorney can shed more light on your situation; otherwise, I would suggest a reposting and rewording of the question.

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Answered on 10/19/07, 4:52 am


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