Legal Question in Wills and Trusts in New York

Attorney fees

If an estate has two fiduciary-administrators, who are opposing, each of whom has their own attorney, retained by each individually with a specific retainer;

Is compensation for each attorney paid according to the contructs of the individual retainer from the estate share of the respective fiduciary, or is the attorney paid according to the respective retainer, but from the entire estate funds?

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In effect, is the oppossing (cofiduciary) subject to the retainer arrangements of the adversarial fiduciary?


Asked on 8/08/03, 5:37 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Attorney fees

While the opposing legal fees as well as the executor's legal fees may be paid by the estate, The amount and terms must be approved by the judge. Unless the will establishes constarints on legal fees, the parties are free to make their own, individual arrangements. However, the judge provides a constraint on the amount of the fees. good luck. wills are always tough when people disagree. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/09/03, 4:56 pm


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