Attorney Question

[DaveNY]

I live in NY and the estate is in NY.

My sister passed away and I am the court appointed administrator of the estate. I have a brother who is the only other sibling. Early on I engaged my brother's attorney to help me file the legal papers of applying to be administrator and to guide me through the process. Lately I have been sensing that my brother might be working things behind the scenes with his attorney and I'm beginning to belive there might be a conflict of interest. I am now considering handling the balance of the estate proceeding on my own. Do I have a legal right to disengage from this attorney?

 

[BlondiePB]

Do I have a legal right to disengage from this attorney?

Yes........

 

[DaveNY]

Thanks for the quick response BlondiePB.

If I do disengage from this attorney do you foresee any problems that I could encounter by handling the balance of the estate proceeding on my own?

 

[BlondiePB]

Thanks for the quick response BlondiePB.

If I do disengage from this attorney do you foresee any problems that I could encounter by handling the balance of the estate proceeding on my own?

You are very welcome. Check your state statutes regarding administration of small estates and/or family administration. States have a $$ value of whether or not one needs to probate with/without an attorney. Should you learn the $$ value falls below the amount required for formal administration (with attorney), get a good how to do your own probate book (Barnes & Noble) and you can get good info at the probate court from the clerk.

Be sure to get an itemized statement from current attorney for his services, review it, pay the attorney, and send the letter dismissing him CRR.

 

[DaveNY]

Again, thanks for the quick response BlondiePB.

In regards to a fee for administering an estate, is 5% of the total estate value a 'reasonable' fee to charge?

 

[BlondiePB]

Again, thanks for the quick response BlondiePB.

In regards to a fee for administering an estate, is 5% of the total estate value a 'reasonable' fee to charge?

Fees for administering an estate are governed by state statutes. Look in Surrogate Court in NY and you'll find what is allowed.