Legal Question in Wills and Trusts in California

Executor of Estate Billed By Attorney (2nd try)

OK, I'll try again. I am executor of a friend's estate valued over $100,000. My friend passed away and the estate is in probate-almost complete. I retained an atty to handle the estate. The atty has been paid through the estate for her services. However, I have received a bill stating I personally owe the atty $2500 for work she says she did for me, not the estate. I was willed a T-Bill by my friend. I converted the T-Bill to a CD on instruction by the atty. She wrote a letter to the court stating why I should get the CD even though I was willed a T-Bill. I never signed a retainer for services outside of handling the probate. Is this legal and/or ethical? Thank You.


Asked on 10/19/07, 3:48 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Executor of Estate Billed By Attorney (2nd try)

In California, an attorney cannot charge legal fees without a written retainer agreement if it service rendered or to be rendered is likely to exceed $1,000 in expense. Business & Professions Code Sec. 6148 subsection (a) provides, "In any case . . . in which it is

reasonably foreseeable that total expense to a client, including

attorney fees, will exceed one thousand dollars ($1,000), the

contract for services in the case shall be in writing. At the time

the contract is entered into, the attorney shall provide a duplicate

copy of the contract signed by both the attorney and the client, . .. The written contract shall contain all of the following: (1) Any basis of compensation including, but not limited to, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges applicable to the case. (2) The general nature of the legal services to be provided to the client. (3) The respective responsibilities of the attorney and the client as to the performance of the contract.

Advise the attorney about this section and that you never retained him to perform any services on your behalf and that if he persists in trying to collect, you demand that the dispute be resolve in arbitration by in the attorney/client arbitration program set up in your county.

Read more
Answered on 10/22/07, 3:26 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California