Legal Question in Wills and Trusts in Minnesota
review of legal fees
What is the proceedure for the review of legal fees charged to an
estate? I have successfully filed a motion for the court to review the
fees and a date for hearing is set. But when I requested production
of documents, (the attorney's invoices), the presonal rep objected
that this information is covered by attorney client privledge. Is this
true for an estate? And, if so, how are the legal fees billed to an
estate ever reviewed by the court?
1 Answer from Attorneys
Re: review of legal fees
No way is a fee statement for services rendered and billed to an estate privileged. I don't know about Minnesota law, but West Virginia has outlawed legal services at a flat rate. The executor may charge 5% of the personal property he/she actually handles as a probate asset and could be allowed more depending on the difficulty and time involved. Lawyers previously charged 1% of the estate unless complicated. Legal ethics require fee for services on an hourly basis for time actually expended. I expect that the Probate Court will wise this lawyer up. If not, I suggest that you file an ethics complaint.
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