Probate attorneys & fees

[sweets53]

What is the name of your state? NY
Are there any probate attorneys willing to take a case to contest a will that has already been probated for a contingency fee instead of a retainer? All the ones I spoke to want a 10K retainer fee despite the fact this case is worth over 400K. How is it that an accident case which is by no means a slam dunk can find all kinds of lawyers who'll take the case on contingency but I can't find a single one who will do so with this case?

 

[anteater]

What is the name of your state? NY
Are there any probate attorneys willing to take a case to contest a will that has already been probated for a contingency fee instead of a retainer? All the ones I spoke to want a 10K retainer fee despite the fact this case is worth over 400K. How is it that an accident case which is by no means a slam dunk can find all kinds of lawyers who'll take the case on contingency but I can't find a single one who will do so with this case?

I don't know. I have not surveyed all of them.

 

[tranquility]

If they thought they would win and that the case was actually worth $400K and that their contingency percentage of it made the time/cost of winning worth their while, sure.

However, most would know that reopening probate for a will contest is problematical on a legal level (the law loves everything done when probate is done), on a factual level (things become very hard to prove years after the fact) and on the practical level (money tends to disappear over time). Each of those make the case harder. No one wants to do a year's worth of work and end up with nothing.

 

[Dandy Don]

Before you try to raise the money for the retainer, find out if you have legal grounds to contest the will, especially whether a statute of limitations applies (in a previous post you mentioned the estate had been probated about 3 years ago), and also find out whether you may have legal grounds to prosecute the fradulent executor for abuse of power of attorney (it would be easier to bring charges against him for that, and would be less expensive than a costly contesting of the will) or for theft or breach of fiduciary duty for not notifying heirs properly.

DANDY DON IN OKLAHOMA ([email protected])

 

[sweets53]

I have a couple of questions:
Could I question an administrator directly at Surrogate's Court in Manhattan to find out if the statute of limitations to open this case has expired?
Wouldn't I need the services of a general lawyer not a probate attorney to bring suit against the doctor who acted as executor? Would that be a civil suit? Couldn't the executor site the fact that Surrogate Court sanctioned this will thus making any attempt to bring suit against him personally negated unless I can get Surrogate Court to open this case?

 

[tranquility]

"Statute of limitations" is not your isssue as probate is closed. Statute on what? If the will, probate is closed. If the breach of fiduciary duty of the executor, the administrator will not provide legal advice. So, no. You cannot question the administrator directly to find out.

An attorney experienced in probate will have court time. He will know if there is any value to move forward. It would be a suit, in civil court. Probate is the expert to go to.

I don't understand your last sentance. However, you will have to jump through hoops to get any factual matter heard.

 

[Dandy Don]

If there is evidence of abuse of power of attorney and not providing an accounting with receipts of monies spent for the person's care, that would be a civil suit. But the probate attorney should be able to evaluate how strong or weak your case is for contesting the will or any aspect of the probate process.

 

[sweets53]

I have already been told that i would have to reopen the case in Surrogate's court in order to even consider suing the executor in Supreme Court.

 

[Dandy Don]

You were told that by whom? You need to have an attorney evaulate all the potential grounds/charges that you could bring against the executor--some of them might not need to be brought in probate court if the police or district attorney would be willing to charge this person.

 

[sweets53]

I was told by lawyers that in order to make a case against an executor in a will that has already been probated or the temple the money was given to in a will that has already been probated, the first thing I need to do is get the Surrogate court in which the will was probated to open the case.

 

[seniorjudge]

I was told by lawyers that in order to make a case against an executor in a will that has already been probated or the temple the money was given to in a will that has already been probated, the first thing I need to do is get the Surrogate court in which the will was probated to open the case.

Once a will has been probated, the chances of reopening are virtually nil.

Frankly, I am surprised at the extremely low amount ($10K) that the lawyer wanted.

 

[tranquility]

Frankly, I am surprised at the extremely low amount ($10K) that the lawyer wanted.

It was a $10K retainer. I'm sure there will not be a successful resolution for that amount.

 

[sweets53]

That's just the point! I believe that many unscrupulous lawyers will ask for a retainer for a case they have no intention of working just to make a buck. They want to gladly relieve me of my money in the hopes that they can ask for more and more as the case progresses or they just take the money and then tell me later at some point sorry but nothing can be done, unscrupulous to say the least. I had one "liar" excuse me lawyer, tell me just send him a check for $1,000 to his PO Box and he'll "make a few calls and let me know if I have a case". And this guy came highly recommended from several other probate lawyers. Now I have another outfit tell me they will beat anybody else's retainer fee. Do you really think I expect them to do anything for me ?? The only way I will pursue this case is if I can find a lawyer who is willing to take it on contingency basis, like an acident case, otherwise, the hell with all the lawyers.

 

[BlondiePB]

...the hell with all the lawyers.

After reading the Local Court Rules and Judicial Administration, I now know why attorneys charge what they do. They deserve it!!

 

[anteater]

The only way I will pursue this case is if I can find a lawyer who is willing to take it on contingency basis, like an acident case....

An apt description, I would say.