Legal Question in Wills and Trusts in New Jersey

Re: Lawyers Fee Percentage for Will Probate

You are entitled to an estate accounting where the executor must disclose all estate financial information, including commissions and legal fees.

If you are not happy with what is being claimed in the accounting, you have the right to file objections to the accounting in court. If the judge agrees with you as to the reasonableness of the fees claimed, they can be disallowed or reduced.

You should meet with an attorney if you are serious about pursuing this.

Re: Lawyers Fee Percentage for Will Probate

I totally agree with Jon, but call this additional information to your attention:

1. Executor commissions are set by statute and depend as to percentage rate on the size of the "probate estate" (those assets passing under the Will).

2. Legal fees are also set by statute, but do not have a percentage calculation as do Executor commissions, just being limited to "reasonable" fees.

3. The attorney may have more work than the Executor as there may also be assets that pass by operation of law (independent of the Will, such as joint accounts, insurance, retirement plans, etc.).

I usually charge by the hour, usually saving money for the heirs, but occasionally a percentage might be involved (although this is usually a windfall for the attorney).

Sufficient facts (such as size of the estate, what type of assets are involved, did anyone contest the Will, and where there assets falling outside the Will) are needed for a better answer.

Bottom line, as Jon has said, this can always be the subject of a Court review when the accounting is submitted to you to approve, and you can contest the fees at that time.

If you need more assistance, contact me directly.