Legal Question in Wills and Trusts in California

Re: Slightly Confused With WHEN atty's get their fees?

It depends on what you mean by "probate" cases. If you are talking about adminstering a will, fees are set by statute and/or order of the court and are payable at the end of the case. That being said, it is not unusual, especially in a disputed matter, for an attorney to request a retainer to cover costs and for security in case the client is not appointed as adminstrator or executor.

If you are discussing probate or trust litigation, that is another matter entirely.

The best thing for you to do is comparison shop. Meet with several probate attorneys and see how they will handle your situation.

Re: Slightly Confused With WHEN atty's get their fees?

Probate means the probating of a will or administration of an estate without a will. If there is a trust involved there's a whole different set of rules. As to a probate estate the following applies.Having practice from a lawful over 30 years basically you walk into a probate matter without any money whatsoever up front. If your fee is paid in full at the very end. If it is a protracted case you may ask the court for a portion of your fee any costs expended before the end but after a specific period of time has gone by. Some attorneys may ask for their costs up front, the cost of publication and the filing fee. I am not sure whether that is legal and have never practiced that. Advancements to beneficiaries are rare, you must show good cause and get a court order. Hopefully, that will answer your question. By the way the fee is based upon the gross value of the estate.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Slightly Confused With WHEN atty's get their fees?

If you are petitioning as executor or to administer the estate, there are filing fees and certain documents that an attorney or you must file. Until you are named by the court, the attorney is representing you, and not the estate, and can charge you certain fees. It is possible that someone else could also file to administer the estate, and that they could be named rather than you.

Once the executor or administrator is named, an attorney can be hired, and he or she is paid from the value of the estate based upon a statutory percentage.

Now, regarding advancements, it will depend on the liquidity of the estate, if there are any claims against the estate, etc. It is not a simple answer.

Re: Slightly Confused With WHEN atty's get their fees?

On spousal property petitions there is no requirement that the attorney wait for the fees. Moreover, when attorneys know that the estate will not have any cash to pay them, they may ask for a fee to be paid from assets outside of the probate estate.