Legal Question in Wills and Trusts in New York
I was just recently appointed as Administrator and my lawyer has the Letters of Administration. I hired this attorney to represent me to get me appointed as Administrator, but now it appears that he also wants to continue as my lawyer and close on the house when it sells, but I would rather hire a different attorney. Can I do that and would I still be liable for paying him the 4% of the house value or just for the work he has done up to now? Thank you for your help.
2 Answers from Attorneys
As a fiduciary, you have the right to hire and fire counsel for for any reason or no reason. The fee payable to each of the attorney should never exceed the fair value of the services performed. A 4% fee can be challenged if it exceeds the value of services performed.
I agree and add a question: What does your Retainer Agreement indicate? If he was retained just to obtain the Letters, his services have been completed. If he was retained to be the attorney for the estate and handle all estate activities, including assisting and doing the accounting for the estate and culminating with the filing of any tax retruns, making distributions to the people receiving the estate and formally closing the estate, the full fee may be allowed. Most attorneys bill solely for the time expended by them. and several attorneys may be used to handle different aspects of the estate. More information is required for a more complete response.