Legal Question in Wills and Trusts in New York
New York Attorney Fees 6%
My Mother In Law Passed Away NY in July 2006 and had a will, my husband is the executor. The attorney charged us $3,500 to handle the basics-death certificates, list of assets etc. The attorney then asked for $1,500 to write a contract and close the sale of 1/2 the property to our niece who inherited 50%. She signed the contract today, we are yet to sign. Now the attoney is telling us he also wants 6% of the sales price of 500k which will be 30k (sales price is 500k; my husband gets 250k and niece hets the house.) This is the first we are hearing of a 6% fee. He says my husband signed a paper, my husband has no copy of any such paper. Other than asking the attorney for a copy and seeing if he can produce one, what are our rights and is he entitled to 6%? Is he entitled to 6% when he has been charging us flat fees? Is he entitled to 6% now and 6% when we later sell the other 1/2 of the property? Thank you very much, Amber
2 Answers from Attorneys
Re: New York Attorney Fees 6%
It does not sound appropriate to me. The broker may seek a commission, but not the closing lawyer.
Re: New York Attorney Fees 6%
I go beyond the reply of David. Having been the attorney for hundreds of estates, in many states where my clients are located, if not more over my years of practice, this is beyond reasonableness. If I could get those fees, charges, I would have retired years ago. Of course, this response is made without seeing the documents and/or retainer agreement your husband signed. While some attorneys charge a percentage of the estate for handling everything, most charge at an hourly rate for each component (probate, marshalling assets and overseeing bill payments, tax return preparations (income, estate and inheritance), handling distributions and necessary documents for the estate and the courts, etc. I am making several suggestions, again without seeing any documents: Contact the attorney and see and get a copy of what "paper" he is talking about, much as you do not want to. If you are justified, and I think you are, immediately replace the attorney with another one, but first interview several and review the fees that will be involved. If he has done anything improper, you can file an ethics complaint with the local and/or State Bar Association. If you get the documents and want me to review them just contact me directly.
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