Legal Question in Wills and Trusts in North Carolina

fee for caveating a will

What is an acceptable rate for attorney fees for caveating a will/estate?

My brother and I recently discovered that our step father forged our mother's signature on a will excluding our entire family from her estate to include her home which she owned outright and all of her belongings. We are both shocked and very disappointed as she had always planned to give her grandchildren specific items, of which they received nothing. We have solicited the help of a local attorney who is willing to take the case and asking 1/3 (33.33%) of the estate to do so. The estate is worth approximately $150,000. His fee seems very excessive and we are considering finding a different attorney as we know we have a very good case. We would expect a 1/3 fee is this were something like an insurance claim, however the 1/3 he is wanting is something that is rightfully already ours, not a settlement. We expected the fee to be somewhere in the realm of 10 to 15 percent. Expecting that all fees are different between states and local areas, can you please offer what is considered a reasonable expected fee? Thanks for your time.


Asked on 9/05/08, 3:42 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: fee for caveating a will

I don't know. I would just approach different attorneys. Some may charge by the hour while others are willing to do it on a contingency fee basis. It is not whether the money is rightfully your but dependent on the amount of work necessary. With an hourly rate, if the case settles or is resolved quickly, you could save money. On the other hand, it could take hundreds of hours and costs you more than a 33% contingency fee. The good thing about a contingency fee is that you are not paying anything until you have a recovery. As an attorney, I can tell you that anything involving litigation takes a lot of time and effort. You also want to make sure to get a good attorney. Feel free to email me what county it is in and I'll see if I know anyone there.

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Answered on 9/05/08, 4:10 pm


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