Legal Question in Wills and Trusts in New York

Payment of lawyer

I am one of 2 administrators of brothers will, the first lawyer, other admin. and I agreed to, dismissed us and sent letter stating we should each get our own lawyer, I did this, now the other adminstrator refuses to have my lawyer paid out of estate funds. Can i go to small claims court weith this??thanksP.S. first lawyer had done primalary work, and has been paid. My lawyer had to send letters to other party etc and has worked with me for quite a while.


Asked on 9/04/02, 12:25 pm

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

Re: Payment of lawyer

Speak with your lawyer. He can petition the court for payment from the estate.

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Answered on 9/04/02, 12:29 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Payment of lawyer

Since the recommendation was for each administrator to retain personal cpounsel, both should be paid from the estate. I do not understand why first lawyer was dismissed and why there was no agreement on a replacement. Administrators have the right to retain counsel for the estate and for the counsel to be paid by the estate. If there is a problem, application should be made to the Surrogate's Court for instructions and for approval of counsel fees.

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Answered on 9/04/02, 1:03 pm


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