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Forum Newbie
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Last Login: 7/19/2008 7:19:05 PM
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| When an estate attorney indicates that Probate fees were $3,500 what does that mean? What does that include? Is that all the court costs, filing fees and their expenses for probating an estate? Is an accounting part of the job description and can an estate attorney bill a beneficiary and not the executor or estate for his fees to perform an accounting if he never produced one to begin with? IF a beneficiary had to go to court and the judge told the estate attorney and the executor that they had 60 days to provide accounting and that it would be up for audit; why would they try to bill the beneficiary of the estate?
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Last Login: 5/27/2008 11:04:45 PM
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Typically, probate attorneys will enter into a contract with the executor or administrator of the estate. The fees may be a flat fee, a percentage of the value of the estate, or based on the number of hours the attorney works. In addition, the contract may anticipate doing a certain amount of work for a flat fee, but additional work, such as dealing with disputes, on an hourly basis. The attorney fees are an expense of the estate which must be paid before any distribution to beneficiaries. As a result, in effect, the beneficiaries pay the attorney fees.
Harry S. Margolis
ElderLawAnswers
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Forum Newbie
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Last Login: 7/19/2008 7:19:05 PM
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| yes i understand that the beneficiaries in the long run have to pay but if the original estate attorney did not close the estate and file an accounting, why can he personally bill a beneficiary directly and not the executor or the estate?
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Last Login: 5/27/2008 11:04:45 PM
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Unless an executor really screws up, he or she is not personally responsible for estate expenses. They are to be paid from the estate assets. If there are no remaining estate assets because they have already been distributed to the beneficiaries, than the beneficiaries need to return some of what they received to make up the costs. This is why we always advise our clients who are executors to hold some money back until they are totally sure all of the estate expenses and liabilities have been covered.
Harry S. Margolis
ElderLawAnswers
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