Legal Question in Wills and Trusts in New York

Final Accounting Protest: Physical Presence Required?

I am a residual beneficiary to an estate in New York. I believe the probate attorney that the executor hired for the estate has been overbilling. Unfortunately, the executor is a good friend of the attorney and does not share my view.

I am waiting to receive a final accounting so that I can protest the legal fees.

The problem is that I will be moving overseas for an extended period and I am worried that I will have to come back at some point in the next few months to protest to the judge. That would be very inconvenient.

Question: Is there a way to protest the final accounting via a letter without having to show up in court or does a protest require my physical presence?


Asked on 5/31/03, 3:49 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Final Accounting Protest: Physical Presence Required?

Retain an attorney and authorize him appropriately.

Read more
Answered on 5/31/03, 5:57 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Final Accounting Protest: Physical Presence Required?

Retain an attorney to appear for you.

Read more
Answered on 6/11/03, 6:57 am
Frank Lang Lang Law Firm PLLC

Re: Final Accounting Protest: Physical Presence Required?

If you will not be physically present in court, you will need to hire an attorney to appear for you. Your testimony in court may not be required, unless you are a qualified expert on legal fees, so your attorney can raise the necessary legal objections and hire an expert witness to challenge the reasonableness of the attorney's fees.

You should be aware that it is standard practice in New York for an attorney to charge a legal fee equal to the Executor's commission, which is calculated based on a percentage of the size of the estate. The percentages start at 5% of the first $100,000, then 4% of the next $200,000,then 3% of the next $700,000, and so on. If the Executor agreed to a percentage fee, the Courts will only look to see if the correct percentage is being charged. If the attorney agreed to charge an hourly rate, then the Courts will automatically review the legal fees to determine if they are reasonable.

Read more
Answered on 6/02/03, 8:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York