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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 04-08-2004, 07:43 AM
mruck
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high attorney's fees


What is the name of your state? New Mexico

What is considered a standard amount for filing a will into probate? We have only spoken to our attorney for 20 minutes. The lawyer got us the letter of testimentary and a letter to the creditors and filed the will in probate. We just received a bill for over $1000 for this with the charges broken down. In the charges it said he spent 3.75 hours on filing the will. There were other charges also listed like a $40 charge for "phone call to client" which was a message left on our answering machine by the secretary saying we could come in to pick up the paperwork, $110 for filing the will (in addition to the 3.75 hrs. already listed) and for a letter sent to the client (we are the "client" and never received a letter of any type (except for the bill). There were other misc. charges, as well.

We're afraid now to even call the attorney with a question because we'll get a $500 bill each time and can't afford this.

How much does it usually cost in attorney fees for filing a will into probate? mruck
  #2  
Old 04-08-2004, 10:58 AM
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Join Date: Apr 2002
Posts: 9,332
Did this attorney help draft the will or advise the decedent when it was composed?

Is this attorney also serving as executor of the estate or is someone else doing that?

What type of fee agreement did you sign with this attorney--did it mention a specific hourly rate or total charge or require you to pay an upfront retainer or was no exact fee arrangement discussed at all?

Is this attorney's work finished or is he going to be doing other work until the estate closes?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  #3  
Old 04-08-2004, 06:56 PM
mruck
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In response to Dandy Don's questions:

"Did this attorney help draft the will or advise the decedent when it was composed?"

Yes, he was the one who drafted the will.


"Is this attorney also serving as executor of the estate or is someone else doing that?"

My husband is the executor of his dad's will.


"What type of fee agreement did you sign with this attorney--did it mention a specific hourly rate or total charge or require you to pay an upfront retainer or was no exact fee arrangement discussed at all?"

No fee agreement was signed. He charges an hourly rate which was slightly less than some other rates we had gotten (so we thought).

Since we have never been through this before, we don't know what other work would need to be done? I know we have lots of questions about how to handle things and we have an appointment to see him next wee regarding some issues with dividing up the estate etc. and how to transfer a mortgage deed. I'm sure there will be other things that will come up along the way, as well.

Thanks for your help,
mruck
  #4  
Old 04-09-2004, 08:26 AM
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Join Date: Apr 2002
Posts: 9,332
Looks like you were taken advantage of somewhat--you could have filed the will yourself--this man is obviously gouging you. If I were you I would go to another probate attorney and just pay a small retainer or tell the attorney in advance that he will be needed for consultation only to get your questions answered.
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