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Estate Fees

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help101

Guest
I'm the executor of an estate in Ohio - my lawyer has explained the fees on the probate assets. These fees make sense since they handle the paperwork and probate court, etc. They also informed me that they get a certain percentage of the non-probate assets, like the life insurance. If I'm the beneficiary of the life insurance policy and I've handled all the paperwork involved, why would the laywer get a percentage of that money if it is under my control? In addition, there is another very small life insurance policy and a retirement lump sum payment - payable to me as well. Since these all fall outside of probate, they (the lawyers) shouldn't have "rights" to get percentages of these accounts, right??? Please help.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by help101:
I'm the executor of an estate in Ohio - my lawyer has explained the fees on the probate assets. These fees make sense since they handle the paperwork and probate court, etc. They also informed me that they get a certain percentage of the non-probate assets, like the life insurance. If I'm the beneficiary of the life insurance policy and I've handled all the paperwork involved, why would the laywer get a percentage of that money if it is under my control? In addition, there is another very small life insurance policy and a retirement lump sum payment - payable to me as well. Since these all fall outside of probate, they (the lawyers) shouldn't have "rights" to get percentages of these accounts, right??? Please help.<HR></BLOCKQUOTE>

The attorneys should not be taking a percentage of what is not in probate. Get an estimate on the hourly fees to close out probate and compare with the percentage fee amount. You may want to hire the law firm on an hourly contract basis as it may end up costing a lot less. There is no law that states that the law firm must charge legal fees based on a percentage. This method is not representation by contingency. Especially a percentage of ALL estate assets.

I recommend that you talk to other law firms and start getting second and third opinions. I have heard of the term sharks before as an adjective to describe attorneys but this is tantamount to be calling these sharks Amazon razor fish.
 

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