Legal Question in Wills and Trusts in Illinois
Estate fees
I went to a lawyer to handle my fathers estate. We informed the attorney of the following circumstances. The estate was a small business and residential property. There was property from personal and business to dispose of. There was an employee that worked for my father who was holding cash from a sale and also a car from the car lot and that he would not return the money or the car. The attorney told us to bring everything to him and he would handle all matters involving the business and the personal stuff. He told us he would charge us he would charge 5% for handling the estate.
When it came time to sell the real estate, the attorney placed an additional $750 fee on the paperwork. Then when handling the legal process of getting the employee to turn over the car and the money he now wants to charge us an additional 750.
My question - can he do this? Is it legal-ethical. If he agreed to handle the estate knowing the situation, can we refuse to pay the additional amounts? what do we do?
1 Answer from Attorneys
Re: Estate fees
Based on information provided, it appears that your agreement for legal services was not in writing, complicating enforcement. Your attorney may have intended that 5% cover the probate of the estate, and that additional fees would be charged for legal transactions related to specific items of property. For example, the $750 charge for the real estate transaction may, in itself, be reasonable. Such disputes can be taken to the Illinois Bar Association. In the absense of a written contract, resolution is difficult. 5% is a maximum for estates of a certain size; however, other fees may be charged for specific legal services apart from normal probate; the term "reasonable" is the ultimate test. Would the fees for each of the legal services rendered be considered reasonable? Only a review of the services rendered can answer the question.
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