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Probate Question

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eulronda Thomps

Junior Member
What is the name of your state? MS

I closed my post by mistake...sorry!

My original post was this

My question is, would any family member legally be able to know what is in an escrow account before the probate is complete and if so how can you find out? Also can the attorney bill you according to what is in your account? Last but not least, does an attorney have to provide an itemized billing that list the amount of time spent to complete different tasks?

My situation:

My grandfather owned land that he passed down to his heirs in a will. When he was alive he was receiving royalty checks from an oil company that used his land as a pathway to get to several oil pumps surrounding his land. For the last 15 years (after his death) money had been issued and put into an escrow account because probate was never completed. The family was not aware of the account until the company need to directly drill from there land to retrieve any further oil.

Please can some on help me with this because we are going in circles. Answers to part of the questions would help. We have been dealing with getting this probate done for the past 2 1/2 years. We have already paid a bill for $3000.00 and the attorney is requesting an additional $7000.00 to complete the probate of the estate and find that fee to be ridicules.

Thank you
 


eulronda Thomps

Junior Member
My reply was this:

Thank you Dandy

Dandy Don
Senior Member Join Date: Apr 2002
Posts: 4,554

Did you sign a contract or fee agreement with this attorney when you hired him? What rate does that call for?

If you didn't sign a fee agreement with him, consult with another probate attorney for a second opinion about this (since an attorney from Mississippi will probably not be reading this message board), or post to lawguru.com. Advise your current attorney that you are aware that current executor fee is 7% and if he is not willing to accept that, then you have no choice but to find another attorney (and fire him).

DANDY DON IN OKLAHOMA ([email protected])
________________________________________
Last edited by Dandy Don : Today at 11:46 AM.
 

eulronda Thomps

Junior Member
After my posted question I was told by my mother as of this past Monday morning that attorney was fired. My mother acquired a new attorney and I believe we signed a fee agreement. The fee that was agreed upon is $150.00 an hour. So with this fee agreement he could charge for as many hours as he wants or is there a limit? How can proof be provided showing he worked the specified amount of hours from what he is billing?

Would a family member be able to know what is in an escrow account before the probate is complete?....If so how can you find out?

Thank you,

Eulronda
 

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