Legal Question in Wills and Trusts in California
after probate fees, statutory fees, and extra ordinary fees can a lawyer collect half of your estate disbursments? or is there a legal limit as to how much he can collect.
2 Answers from Attorneys
Statutory fees are set by state law and are a sliding percentage of the gross value of the estate. So, in the case of an estate that is heavily encumbered by debt, the statutory fee could be in excess of the total net value of the estate - such is the case in which the estate consists solely of a home with an upside down mortgage.
A lawyer's fee must always be "reasonable," based on a number of factors. There is no hard and fast amount the lawyer can charge, beyond the maximum statutory fee allowed for routine probate services.
One factor, of course, is how much time the work took. If it's a small estate where people fought all the time or that otherwise took many hours, the fee could be a very high proportion of the estate. Without knowing more about your situation, it is impossible to say much more.
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UCR FEE for administering funds for a surviving heir Asked 6/18/15, 8:15 am in United States California Probate, Trusts, Wills & Estates