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Do I have to pay an attorney if he didn't do the full job?

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sogwap

Member
What is the name of your state? New York

My attorney "helped me with the probate of my Dad's Will. I say helped because all he did was file the papers and send out some letters. I had to leave town (long story other issues) and I informed him of this. He did not seem bothered by it. I told him that I would be reachable which I have been.

I wound up doing most of the leg work, meaning that I had to liquidate my Dad's IRA to take care of payments. This is what the attorney told me that the court required. I'm not even sure that it's the truth. He is a stoic man and answers questions very sharp and with very little information. I tried calling him about four times from where I was and he never returned my calls. The liquidations became involved and I needed advice. I wound up having to search extensively on the internet to find the answers to my questions. I thought that the attorney was done with the matter and it was my responsiblity, since he never got back to me, what was I to assume? I had given him an initial $1500 from my Dad's Life Insurance policy to cover court filing fees and expenses.

I also had some small stock in my Dad's Life Insurance company that had to be transferred. I had to get on the phone with 6 different people from the actual Bank holding the stock to figure out how to fill out the forms and complete the transaction. He also never told me that I had to open an estate trust account. I went to my bank to deposit a check from one of the funds. The check was in my Dad's name and the bank told me what I had to do.

He was really not very helpful in any of it. He had his secretary send me the forms to deal with the stock two weeks after I had already done it.

When I contacted him via e mail I mentioned that I had to do a lot without his help and he replied that it was hard to help someone from a distance. He replied quickly I have learned because he was concerned about his fee. All of a sudden it is not so hard to be in touch. :mad: We had never discussed a fee at all. There was no contract signed by me and we never discussed any further payment. Since this was all new to me in the first place, I didn't have a clue as to what this type of service cost. He now wants 3% of the entire estate, which is a lot to me because this inheritence is all that me and my two boys have and it really isn't a hole hell of a lot. I don't feel that he deserves any further payment.

When he sent the email requesting his fee, there was a more formal letter on the bottom stating that I should submit the check when I receive the contracts. I assume it was mailed, although I haven't received it yet. I assume he is talking about contracts between us and attorney/client. I am 99% sure that I never signed any contract. As I said, I was not exactly in the best state of mind. He also stated that he needed the check sent overnight mail because he has an IRS debt that his accountant caused. Doesn't this all seem a bit weird? If there is no contract between us, do I have to pay him?
 
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Dandy Don

Senior Member
Who is the official executor of the estate--you or this attorney? What type of fee was mentioned when you hired him? Who actually received the letters testamentary (naming the official executor) from the courthouse? Did he actually open up the estate and file any other official papers regarding the estate? Have the tax returns been prepared? What is the total value of the estate?
 

sogwap

Member
Who is the official executor of the estate--you or this attorney? What type of fee was mentioned when you hired him? Who actually received the letters testamentary (naming the official executor) from the courthouse? Did he actually open up the estate and file any other official papers regarding the estate? Have the tax returns been prepared? What is the total value of the estate?
I am the official executor of the estate. There were no fees mentioned. He asked me for $1500 when I met with him at his office to bring him all the information he needed to file. He never told me that there would be more of a fee. I did not know since I'd never done this before. He received the letters testamentary with the seals and gave me two copies. I received a copy without official embossed seal, from the court in the mail. He did the filing and necessary court required mailings. The tax returns have not been prepared. The value of the estate is $300,000. Basically, he did some of the required work, but he did not do anything to help me with liquidating funds, or transferring stock. He did not even tell me that I was to open up an estate trust account. I feel like he basically abandoned me after the filing and mailings until he wanted to get paid, which I thought was taken care of.
 
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Dandy Don

Senior Member
He is due the fee as executor. Check with other probate attorneys in New York to find out what the official, legally allowable fee is for executors (normally it is a percentage, but some states allow the fee to be based on the value of the estate).

It's not his fault that you took over things he should have been doing. You also have the basis to file an ethics complaint against him with the state bar association. He owes somebody an explanation as to why he didn't inform you of what the specific executor fee is when you hired him, and also to explain why he didn't offer a signed fee agreement.

DANDY DON IN OKLAHOMA ([email protected])
 

mtpockets

Member
OP is the executor

I believe the OP is the executor and therefore entitled to executor's fees. In many states, the executor's statutory fees are equal to the attorney's statutory fees.

The fees are based upon a percentage of the probate estate. In some states, they are merely a guideline and you are free to negotiate a different fee.

IRA's are not part of the probate estate. The statutory percentage should be applied only to the gross value of assets that are actually probated (without any deduction for related liabilities).
 

Dandy Don

Senior Member
Does she have the courage to tell the attorney that she is official executor and that he is not entitled to the 3% he is asking for? I hope so.
 

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