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Should I pay the former attorney's fee ? If so, should I pay it now or wait till the

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Raraz2009

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My situation is husband passed way on the end of March 2016. I assumed the attorney who prepared his will will be the one doing the probation for me.

Unfortunately after 7 months collecting all the bills, I sat down and talked to her about the probate. She not answered my questions, instead just timidate me that I will lost the house my husband left for me because the tremendous amount of medical bills not paid by the insurance company because the debate between insurance company and doctors which insurance company think the amounts doctors billed are egregious and unreasonable and refused to pay them.

I got no answer from her for any my concern. And she told me that she will not answer any my questions because I didn't hire her yet. And send me the agreement for me to sign. I didn't sign it. Instead I found another attorney willing to answer my questions and concerns and decided to hire him.

Now the former attorney, without me signed any agreement with her, file some documents to orphans court and try to withdraw herself from the probation, which is odd to me. And she billed me 500 under the ground of estate planning. As I know her claims her rates are 225/hr.

My question is

1. Do I own her this money?
2. If so, when should I pay it? Now from my pocket (because not enough money left in estate account to pay this amount) or after probation settled?

Tks for any help.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

My situation is husband passed way on the end of March 2016. I assumed the attorney who prepared his will will be the one doing the probation for me.

Unfortunately after 7 months collecting all the bills, I sat down and talked to her about the probate. She not answered my questions, instead just timidate me that I will lost the house my husband left for me because the tremendous amount of medical bills not paid by the insurance company because the debate between insurance company and doctors which insurance company think the amounts doctors billed are egregious and unreasonable and refused to pay them.

I got no answer from her for any my concern. And she told me that she will not answer any my questions because I didn't hire her yet. And send me the agreement for me to sign. I didn't sign it. Instead I found another attorney willing to answer my questions and concerns and decided to hire him.

Now the former attorney, without me signed any agreement with her, file some documents to orphans court and try to withdraw herself from the probation, which is odd to me. And she billed me 500 under the ground of estate planning. As I know her claims her rates are 225/hr.

My question is

1. Do I own her this money?
2. If so, when should I pay it? Now from my pocket (because not enough money left in estate account to pay this amount) or after probation settled?

Tks for any help.
You could owe the attorney money for her time, unless it was made clear in advance that the meeting you had with her was to be a free initial consultation.

Here is a link to the Pennsylvania Bar Association Rules of Professional Conduct, Rule 1.5 Fees, followed by a link to the Pennsylvania Disciplinary Board on consumer frequently asked questions:

http://www.pacode.com/secure/data/204/chapter81/s1.5.html

http://www.padisciplinaryboard.org/consumers/faqs/
 

Raraz2009

Junior Member
Tks for helping me understand the ground for billing.

The first time when I step in her office, after the brief talking about collecting my husband's bills, I asked her how much I owned you, she said she would charge me after the probate done, and did not tell me her rates and rough amount for the probate although my husband's former CPA co-worker suggesting me to make that clearified.
She just told me I knew your husband and will take care of you( she did the divorce case for my hus over 11 years ago. She is family law attorney. I trusted her at the beginning because of that)

I not felt good about her because she kept asking me about life insurance questions which is NOT subject to probate in PA. I still told her everything about it because she is my attorney And she want me give her the checkbook of estate account, said she will decide and help me pay. She also put words in my mouth. I am the person by my words, never lie about anything. Couldn't take that.

Meanwhile when she timidated me I will lose the house, when I started to looking up myself and found out that my house might not subject to probate too. She started to get mad and told me you not hired me yet, asked me the signed the agreement with her.

Most important is that since she not answered any my questions and concerns, I decided to go to Nolo site looking for attorney. After I consulted three attorneys they all told me I don't even need to do probation if she not get me short certificate on April 2nd which mandatorily brought me into probation! I never knew I could avoid probation, just did whatever she told me to. At that point, I really believe she is definitely NOT for the best of my interest.

my husband died on March 26th, the deadline is 9 months, Dec, 26, She file the withdraw representing in court, the hearing is Dec, 27th. She tried to give me hard time for the process.

I Respect attorneys if they answer my questions clearly and straight, and willing to pay whatever they done for me, but with her, very disappointed and not trust her ethic standards.

So, here comes the the second question-- can I pay her after probation settled ? If not pay her now, what gonna happened? Collecting action? Lien to the house? And she sit in local bar association, would that be affect my probation case?
 

Dandy Don

Senior Member
Yes, she is entitled to be paid for the services she rendered.

It was her mistake not to have you sign the agreement the first time you talked with her, but she assumed that you were going to hire her.

If you will be getting life insurance or if you can afford to pay her, then you can pay her any time you choose to do so, whether probate is finished or not.

It was okay for her to ask you about life insurance because she needed to get an idea of exactly and and all assets your husband had, whether they go into probate or not.

Because she was not completely upfront with you about your situation, go ahead and get another attorney. First find out from the new attorney whether probate is necessary or not.

Has the mortgage company contacted you about getting the monthly mortgage paid? Contact the mortgage company yourself to ask them where they want you to send the payment so you can avoid losing the house, or ask your attorney for help with this if you do not know how to contact the mortgage company.
 

quincy

Senior Member
... she said she would charge me after the probate done ... willing to pay whatever they done for me ... can I pay her after probation settled ? If not pay her now, what gonna happened? Collecting action? Lien to the house? And she sit in local bar association, would that be affect my probation case?
Prior to paying the bill submitted to you by the attorney, you will want the attorney to give you a detailed accounting of her time.

It appears from what you have said that she is not unwilling to wait to be paid until the estate has settled but you can confirm this with her when you request (in writing) that she provide you with the breakdown of costs.

I would not worry at this point about any collection action.
 
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Raraz2009

Junior Member
Really really appreciate the professional answers I got from you guys

I am an over-protected by husband kind of house wife(when he passed away, I already forgot how to write a check!), Asia, naive, not speaking good English, live in the boomducks of PA. I never have any bill not paid or late paid and never own anybody anything.

After husband died, I started to pay every bill with my bank account including house mortgage too.

I will ask the former attorney the detailed bill for her service and pay her once I got the permission from the attorney I hired now.

Meanwhile I have another concern that is if this former attorney can be hired to represent people who wants to contest or challenge my husband's will in the coming probate processes? After I fired her, is there any contrast of interest issue involved?
 

LdiJ

Senior Member
I am an over-protected by husband kind of house wife(when he passed away, I already forgot how to write a check!), Asia, naive, not speaking good English, live in the boomducks of PA. I never have any bill not paid or late paid and never own anybody anything.

After husband died, I started to pay every bill with my bank account including house mortgage too.

I will ask the former attorney the detailed bill for her service and pay her once I got the permission from the attorney I hired now.

Meanwhile I have another concern that is if this former attorney can be hired to represent people who wants to contest or challenge my husband's will in the coming probate processes? After I fired her, is there any contrast of interest issue involved?
If she collects any money from you then it would definitely be a conflict of interest for her to represent anyone else that may become involved in the estate.
 

quincy

Senior Member
I am an over-protected by husband kind of house wife(when he passed away, I already forgot how to write a check!), Asia, naive, not speaking good English, live in the boomducks of PA. I never have any bill not paid or late paid and never own anybody anything.

After husband died, I started to pay every bill with my bank account including house mortgage too.

I will ask the former attorney the detailed bill for her service and pay her once I got the permission from the attorney I hired now.

Meanwhile I have another concern that is if this former attorney can be hired to represent people who wants to contest or challenge my husband's will in the coming probate processes? After I fired her, is there any contrast of interest issue involved?
Because you now have another attorney working for you, you should ask this attorney any questions you have about the will and probate.

Here is a link to the Pennsylvania Bar Association's Rules of Professional Conduct, Client-Lawyer Relationship (click on Conflict of Interest Rules): http://www.pacode.com/secure/data/204/chapter81/s81.4.html

Good luck.
 

Raraz2009

Junior Member
Feel embarrassed to ask the attorney I hired now about former attorney 's bill

Because I am afraid he will think that I am not willing to pay him his bill. Actually I just not happy about former attorney otherwise would never think of changing the attorney.
 

quincy

Senior Member
Because I am afraid he will think that I am not willing to pay him his bill. Actually I just not happy about former attorney otherwise would never think of changing the attorney.
If you are afraid to approach your current attorney about your former attorney's bill, you can seek out an independent appraisal from another attorney, this after you have received from your former attorney a detailed accounting of her costs.

You might find after seeing this detailed bill that your former attorney's charges are reasonable.

Good luck.
 

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