Legal Question in Wills and Trusts in California
What is recourse to overcharge by estate attorney
The estate attorney on a relative's probate has asked for extraordinary fees in excess of 100% of the statutory fees. This attorney wants over $53,000 from an estate under $1 million, 2/3 of which was sale of the family home in which the attorney was not involved. What recourse does the executor have to dispute these fees beyond merely complaining to the estate attorney. Can the executor communicate with the judge prior to or at the time of the final hearing to try to influence the judge's discretion? How often does a judge grant these extraordinary fees?
2 Answers from Attorneys
Re: What is recourse to overcharge by estate attorney
Extraordinary fees are normally only allowed when there has been services rendered over and above the normal duties of an attorney. These could include defending a will contest, defending a lawsuit, etc.
If you wish to contest the payment of extraordinary fees, you should file an objection with the court to the fees stating your reasons why. Without seeing the attorney's reasons FOR the fees, I could not give you any information as to whether or not they are realistic.
Judges do not easily grant money for extraordinary fees without a valid reason, but with no objections, they may do so.
Re: What is recourse to overcharge by estate attorney
It's a simple matter of filing objections to the fees before the hearing. If the fees are not justified, you have a shot. You should consult a probate attorney located near the probate proceeding to discuss filing objections.
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