Legal Question in Wills and Trusts in Texas
When someone passes away and their estate goes to probate because there is no will, do the attorneys who represent surviving family members generally charge a fee up front, do they work on contingency or, could it be either?
I am asking on behalf of an elderly friend who was told by an attorney (who AARP sent her to) that she needed to pony up $1500 just to get started. She stands to inherit close to 100k.
Thank you.
2 Answers from Attorneys
Attorneys who do probate work often ask for an up front retainer. If an attorney is representing the executor or administrator of the estate, they can make an application to the court for an an order to pay them their attorney fees. In such a case, the fees will come from the estate.
If the attorney is not representing the estate, it is more likely that they will bill at an hourly rate. This can be paid from an retainer deposit or it can be billed and paid on a periodic basis as the parties agree.
I have never heard of an attorney in a probate matter billing or being paid on a contingency baisis.
Normally up front fee..in Dallas, $1500 but we sometimes accept case with filing fees and get paid from the estate..
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