Legal Question in Wills and Trusts in New York
Accounting of Estate: Problem with Probate Attorneys Fees
I am the residual beneficiary of an estate in New York and I have just received the accounting of the estate.
I believe the attorney's fees charged are excessive given the service provided. The attorney who the executor chose to do the probate is not experienced in probate matters and was chosen I believe because he is a good friend of the executors. As a result, the estate (which is very simple) took more than a year and a half to go through probate. Many of the legal filings had to be refiled because they were rejected by the court initially because the documents were done incorrectly. This needlessly increased legal fees.
Is there a simple way to protest the legal fees directly to the judge? Or does protesting the fees require a long drawn out process of discovery, depositions, etc.? Can the probate attorney charge the hours spent defending my protest to the estate, thereby making his fees even higher?
3 Answers from Attorneys
Re: Accounting of Estate: Problem with Probate Attorneys Fees
As with all contests, the first step is negotiation and if that fails then litigation.
You can ask for the time records of the attorney, by letter question the services disclosed and generally evaluate the efficiency of the work. The fee rate can be questioned.
However, when push comes to shove it's a fight with all the delays of litigation.
Nonetheless, the dispute over fees should not delay a substantial distribution of the residuary to you.
Re: Accounting of Estate: Problem with Probate Attorneys Fees
You would need to make a motion to the Court. The attorney would have a right to respond. You cannot get the fees reduced merely on a letter to the judge and a motion could take months to be decided. On the other hand if you truly believe the fees charged are excessive, and you have documentation to back up your claims, it may be worth the challenge.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Accounting of Estate: Problem with Probate Attorneys Fees
The Executor is free to choose whomever is decided to handle the estate. Many attorneys charge the estate a percentage to handle the estate, but in a simple estate most usually charge by the hour. How were these fees calculated? To contest the fees, you would have to file a Motion with the Surrogate's Court and detail the matters complained about, and have to verify the allegations. Simply making a charge is not sufficient. The Motion would probably delay closing the estate and, unless you were successful, could result in additional legal fees to defend being awarded. Expect the matter to take several monthos or more to resolve. Here you have to make a business decision. Is the time and effort worth your claim, and can you actually prove the duplication of charges? Is the amount at issue truly worth this? What additional fees will be charged, if you lose, that will come out of the residual estate? What percentage of the estate did the fees charged amount to? Will the judge be sympathetic to you, or to the attorney if he has answers to the claim? Hard one to call on the facts submitted.
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