Legal Question in Wills and Trusts in Louisiana

Legal fees are based on the value of the estate. What percent of the estate value is owed to the attorney?


Asked on 7/01/10, 4:04 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Whatever you agreed to.

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Answered on 7/02/10, 3:28 pm
Adam Lambert The Law Office of Adam S. Lambert

It varies with each attorney. I don't charge according to the value of estate at all. Honestly, I just don't think it is right to ask for more money just because an estate is worth more money. I charge based on the amount of work I believe I will have to do, which is the fairest way in my opinion. An attorney can look at most uncontested estates and get a very good idea of how much work he needs to do and he should be able to give you a figure based on that expectation of work, not based on how much money the deceased had. To me, that is like taxing the dead for being good at saving money.

For most estates (local property, a couple of cars, a few bank accounts, etc., and with heirs that are working together..nothing contested), I charge a flat rate of $2,000. That applies to 99% of the successions I have ever done. It can go higher, though, if there are complicating factors. Factors that can make it go above the standard $2,000 are the existence of trusts, complications such as out of state heirs or many heirs, many pieces of property (which all need to be recorded), out of state property, late filing (which requires additional steps with the Dept. of Revenue), etc. In any event, I try to take all successions on a flat-fee basis and let the client know exactly what he will have to pay me up front. If you call or email me with the details, I will let you know what my rate will be. You should shop around a bit, as fees for successions vary a lot. Make sure you get someone that knows what they are doing, though.

Contested estates are rarely taken by anyone on a flat-fee basis. They usually are charged an hourly rate, as the attorney has no idea how much work he will have to do on the estate when it is being contested. I have had contested estates drag on for years.

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Answered on 7/02/10, 3:51 pm


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