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Probate Lawyer Fees

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davidp3167

Junior Member
New York State.....

We retained a probate lawyer whose fee is a percentage of the estate in lieu of an hourly rate.

If for example the percentage fee is $15k and it turns out that the hourly rate fee would have been $10k...should the percentage fee be negotiable?

What other information regarding fee would be useful for me?
 


anteater

Senior Member
Have you signed a retainer agreement already? The time to negotiate that is before the attorney is retained.

I have seen attorneys agree to those types of terms. Not often, but occasionally.

Of course, it would only be equitable for the attorney to receive a higher fee if it turns out that the probate case takes more hours than anticipated and the fee based on hours ends up higher than the percentage fee.
 

davidp3167

Junior Member
probate lawyer fees

We have not yet signed the retainer as the lawyer was going to prepare one and send it out today....he told us as soon as we receive it if we want to make any corrections to it we should call him to discuss. This lawyer appears to be "honest" in that he said the percentage is negotiable if it is far exceeding his time spent. I feel very comfortable with this lawyer but this fee issue is difficult to figure out....it may be easy work or we may have a few relatives contest the will....
 

Dandy Don

Senior Member
If he is going to be executor, you need to get a second opinion from another probate attorney about what the LEGAL rate is for an executor in New York, so that you do not overpay. What is the value of this estate?

If he is only going to be CONSULTED for advice through the probate process, then you should also be getting fee quotes from other attorneys to see if his fee is reasonable or not.

Contesting the will is going to be enormously expensive in legal fees.
 

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