Legal Question in Wills and Trusts in New Jersey

Estate/Probate settlement fees

In an answer to a question regarding fees, you answered, ''In New Jersey, lawyers should not bill on the basis of a percentage of the estate. Typically, most estates are either billed on a flat fee or more commonly, on an hourly basis.'' The attorney that settled my mothers estate charged a percentage. There was a home that was to be sold and one bank account. My mom's estate was around $380,000.00. He was paid almost $18,000.00. Almost all of our dealings were with his secretary. Was this legal?


Asked on 6/29/08, 12:48 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Estate/Probate settlement fees

In NJ there are no specific rules on how an attorney can bill for estate work.The specific statute on estates only says "reasonable" fees, while the statute on fiduciaries has a percentage grid (% reduces as estate value rises). Attorneys in Nj charge differently, some a percenatge, some flat fee and others hourly. Did the Executor question this? How long ago was the fee paid? If there were a question it should have been raised in the Surrogate's Court at the time the estate accounting was approved.

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Answered on 6/29/08, 2:26 pm


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