Legal Question in Wills and Trusts in California

Re: Are statutory attorneys fees modifiable?

attorneys are entitled to the statutory fees (as is the executor of the will). father should have established a revocable trust during his lifetime to avoid probate. instead it appears a testamentary trust was created by his will. a few thousand dollars in sound estate planning could have avoided this result.

Re: Are statutory attorneys fees modifiable?

You can object to the fees if you think they're too high, but the court has discretion, and will usually award what's requested. The court is more inclined to modify "extraordinary fees," or hourly fees requested outside the scope of the statutory fees.

Re: Are statutory attorneys fees modifiable?

If the trust was a Living Trust, there would be no "statutory fees." Is it Living Trust or did you have probate?

Second question, what did the fee agreement say? Did it say, hourly, statutory, or ??

If it is statutory, you can discuss the fees with the attorney and ask for reduction, and you can object with the Court. If there is no Court, than you can consider Fee Arbitration or a lawsuit.

As a fee arbitrator with County Bar for over ten years, I have see all sorts of situations, you should have yours reviewed and then your options can be determined and evaluated.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

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