Legal Question in Wills and Trusts in New York
The attorney that is handling my uncle's estate is not responding to email questions. I am the executor of the estate. Because a church and library were named in the will, the attorney said the state of NY requires particular steps be taken before liquidating the assets. I sent him an email 2 weeks ago asking to set a date for a meeting and he has yet to respond. Also, I have asked him on multiple occasions to provide to me in writing what his fee will be and he has so far failed to respond to this questions. What are my options?
2 Answers from Attorneys
The attorney works for you, the Executor. You get to pick the attorney you want to probate the will. In my experience, the customary fee is 3% of the assets being probated,
However, you can also negotiate an hourly rate if the estate is large, and it would work out to your advantage.
You should have a letter from the attorney setting forth his fees and a retainer agreement.
I agree with Arnold, and if you do not get an answer, fire him ans retain another attorney who will be more responsive. Usually a percentage of the estate can be a windfall, but an hourly rate can lead to a high fee if the estate is small. Get an estimate of what the fee will be when you retain anyone.
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