Legal Question in Wills and Trusts in Massachusetts

Re: Probate Fee Dispute

If the papers are being filed in MA, a paralegal is not authorized to file them on your behalf. If this is the case, he or she is practicing law without a license. You may contact the Office of Bar Counsel of the Board of Bar Overseers at ma.gov/obcbbo

As for the cost of this work, assuming it is being performed by an attorney, it depends on the complexity of the estate, the number of interested parties, the appearance of objections, and the like. Administration of an estate can be pretty straightforward, but these other factors will increase the time invoved in doing the job properly.

Please let me know if I can assist you. This office handles many estates.

Re: Probate Fee Dispute

You should have signed a written contract. Since this person is not a lawyer, you can't even file a complaint with the bar or overseeing ethical authority. If you paid by check, you can use this as evidence of some arrangement between the two of you. You should always consult with an attorney. Now it will end up costing you even more. This person may be practicing law without a license if his or her work is not overseen by an attorney.

Re: Probate Fee Dispute

Just to add my $0.02 to the above discussion:

If you directly hired a paralegal who represented that s/he can do this work (and not an attorney who assigned a paralegal to do the work), the paralegal has violated our Consumer Protection Act.

If this is the case, I would demand your money and documents back and then hire a REAL attorney.

If, on the other hand, you hired a lawyer, you should have received a fee agreement. Review the terms of the agreement concerning billing and refreshing your retainer. Massachusetts law requires that probate be handled by the hour, and the costs must reflect the nature and complexity of the work.

Please feel free to contact me if I can be of assistance.