Legal Question in Real Estate Law in Maryland

I am in the process of transferring the deed to my mother's house, who died in 1994, into my name. There was no will, I am the only surviving relative. An appraisel of the house was done to find it's worth in '94. According to tax receipts, the house was estimated at $85,000, but the appraiser states it as $230,000. I now find that my attorney bases his fee on the appraisal. He reccommended this man. Was this legal? Should I have complained, which I did, but he wouldn't listen. This house was definitely not worth that kind of money in 1994. Thanks for any help you can give me.


Asked on 9/30/09, 10:52 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You didn't specify what services the attorney is rendering to you, but I've never heard of an attorney varying his fee on a deed preparation based upon the appraised value of the property. If he's handling the probate of the estate, that should be done on a fee for services basis, based upon a stated hourly rate, and it would be subject to a ceiling set by MD estate law which is based upon the value of the probated assets. Perhaps that is where some confusion lies. There should have been a discussion at the outset of his fees and a written retainer agreement stating them so that you would have a record of that. You should ask him for an itemized statement of all services rendered and a computation of his fees.

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Answered on 10/05/09, 11:45 am


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