Legal Question in Wills and Trusts in New York

Re: Atty. Fees for more complex case

The attorney is quoting you correctly as to

what the Surrogate's Court will allow as a

legal fee The percentages quoted

may be a bit on the small size

This does not prevent a different firm

from charging less if there is less work

That is the practice of my firm, with

discounts ranging up to 50% of the standard

for work not performed or minimized

Re: Atty. Fees for more complex case

Attorney's fees for handling a probate are usually covered by statute, although they are entirely negotiable. The executor has the right to select the attorney. Your aunt could renounce her right to serve in favor of you, if you are the only heir, and you could then select the attorney, after meeting with a few and negotiating a fee. If the estate is a simple one, only bank accounts, securities or such, perhaps suggesting an hourly rate might reduce the fees, although a percentage is the usual arrangement, as there might be alot of work involved, even in a simple estate. I am more concerned that you allowed your girlfriend to use his cards and funds and are doing nothing about it.