Legal Question in Wills and Trusts in New York

Did we actually hire this lawyer?

My mother-in-law passed away 6 weeks ago. My husband and his sister are co-executors. We had the reading of the will & my sister-in-law proceeded to take things with her mother's name on them to her mother's lawyer. He called both executors in to sign papers. They didn't know what papers but read where it was to gather all funds into one account but didn't think that was unusual. Unbeknownst to us he has set up an estate account, paid bills, and done corespondence which of course we thought was the executor's responsibility. My husband and I wondered why we weren't seeing any of his Mom's medical bills etc. My husband and I went to the lawyer's to collect what papers he had so we could review them. He reluctantly & rudley let us ''borrow'' our documents stating we couldn't possibly handle this ourselves & claims he has worked on for 20 hours. He then said his bill would be $15,000.00 no matter how much work we do. Neither my or husband or his sister remember hiring this lawyer and are surprised he has done so much. They didn't sign an agreement with him nor was one offered. Did she hire him by bringing in some documents? Is that all it takes? What can we do to get out from under him, his rudeness & burdensome cost?


Asked on 2/09/07, 12:05 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Did we actually hire this lawyer?

Our rules in New York now require a lawyer to obtain a written retainer agreement, signed by the client, if it is anticipated that the fee for the services to be performed will exceed $3,000. In the absence of such an agreement, the court can deny payment of a fee to the lawyer. Furthermore, a lawyer is not be compensated for performance of duties to be performed by Executor. Based on the information you furnished, I think you have a meritorious case to refuse payment of any fee to this lawyer.

Read more
Answered on 2/09/07, 12:18 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Did we actually hire this lawyer?

I substantially agree with Norman, but add the following, from personal experience representing many estates in many states. The Executors are free to retain whomever they choose as the attorney for the estate, and are not required to retain any particular attorney, the decedent's or otherwise. It is up to the Executors to perform whatever services they are capable of doing, like collating assets, placing them in an estate account, reviewing and payings bills, etc. While most activity is simple, and can be done by non-professionals, some activity is more complicated and may need the assistance of a professional, like filing income and estate tax returns, if needed, liquidating assets other than bank accounts(e.g., real estate or business interests), preparing an accounting for the heirs and dealing with the Surrogate's office. I traditionally explain what is required and review the sharing of responsibilities; encouraging the Executors to do as much as they can themselves. Frequesntly I perform the traditional function of the Executors and bill for the services, but only after a full explanation of what is required and allowing them to make the final decisions on who should do what. Finally, I only bill for actual time involved. Since I am familiar as to what is required, while they pay me for my services, I usually can do it quicker than they can and make their job easier. These are things that should be reviewed with the Executors. If can be of service, contact me directly.

Read more
Answered on 2/09/07, 1:54 pm


Related Questions & Answers

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