Personal Representative & Attorney Fee

[mrs sankofa]

What is the name of your state (only U.S. law)? AL

Hello again. This time the question is whether the beneficiaries have to continue to pay the attorney's fees all during the probate process?

The PR has collected 1/3 of the attorney fees for the retainer from the beneficiaries of the aunt's estate. Now the PR is calling asking for additional monies for the attorney as she states the court costs are mounting and so are the billable hours of the attorney. When asked when did the attorney want the funds, the PR stated he didn't ask outright per se, but that he expected the balance of his fee before the case ends.

There was a list of assets submitted to the attorney. There was atleast one current CD that matured in August, 2009 which, I believe, would more than satisfy the attorney's balance of $1500.00. That CD was in the thousands, with more assets equalled to that as well.

Can the attorney use the monies that are in the estate and wait until the finalization of the estate to collect the balance due him? Also should I recommend that she (the beneficiary) should send the check directly to the attorney if the attorney has to be paid before the probate process ends?

More importantly, I wouldn't think an attorney would be shy to ask outright for his money in writing. Why does the PR have to ask for him?

This is such a confusing and stressing time for the handicapper I am helping and I really feel they should take this into consideration.What is the name of your state (only U.S. law)?

 

[tranquility]

The fees should be paid by the client. Here, the PR through the estate.

In certain situations, a non-liquid estate (little cash, lots of property) where the beneficiaries want to retain the property, an agreement can be made where the beneficiaries kick in the fees to get the property. Otherwise the PR sells or gets a loan on some to pay the fees.

 

[mrs sankofa]

tranquility,

Your reply is well received and appreciated!!

 

[anteater]

Are the nieces and the grandniece still squabbling?

 

[mrs sankofa]

tranquility,

The PR will be given an ID number and she can pull the CD down. That takes care of asking the beneficiaries for money! They want to receive not give LOL.

This forum has been a lifesaver. We sure appreciate every one of you.

 

[mrs sankofa]

Are the nieces and the grandniece still squabbling?

anteater!!!

They are still unhappy campers about the anti-lapse statute that's for sure.

Thank God for your explanation. The two nieces who weren't included in the first 1/2 of the estate are not taking the news too well about the grandniece inheriting her deceased mother's share. However, the grandniece did get her paperwork like the others so she is a full-fledged beneficiary I would say!

Splitting shares doesn't seem to figure into the equation now. Just to be remembered should be the most important thing and not the amount. But what does this old woman in her sixties know about life? LOL