When selecting a law firm to assist you in the probate process of a loved one, an important element to consider are the attorneys’ fees for legal services rendered in the course of an estate.  For all fees charged, the court administering the probate bears the ultimate responsibility for approving legal fees charged to the estate, however, the court will rely heavily on the information provide by the attorney in rendering its decision.  There is no hard and fast rule to calculate reasonable compensation, however, there are guidelines the court will follow in its discretion when authorizing a fee.  Specifically, the court may consider time spent, the complexity of the legal questions involved, the nature of services provided, the amount of litigation, if any, required, the amounts involved and the benefit resulting from the execution of the services, the lawyer’s experience and reputation, and the customary fee charged by the other lawyers for similar services. 

What is clear in review of the factors is that the court has a degree of latitude and also a fair amount of deference is afforded to the servicing attorney.  It is because of this deference afforded that it is imperative that the attorney selection process for probate be taken very seriously.  When you are selecting an attorney for probate, you are placing your loved one’s estate in that attorney’s hands with regards to administration as well as retention of funds, as the attorney you are hiring is being paid directly out of the estate.  Choosing a trusted attorney, with the best interest of the estate, the decedent and the beneficiaries is the primary goal. 

Keys to selecting right counsel are simple.  Find an attorney you trust, and has experience administering estates.  Also, ensure this individual and their firm prioritize the needs of their clients and are available for calls.  Request email contact and an emergency contact if your specific attorney is unavailable.  And most importantly, discuss fees with your potential counsel prior to retaining them.  In estate administration where the attorney is working with the executrix/executor, oftentimes attorneys’ fees have a direct inverse correlation to that of the executrix/executor.  The more work the executrix/executor take upon themselves, the less work the attorney will have to do with routine estate administration.  The best way to be satisfied with your representation is, when you are the executrix/executor, you are honest with yourself and your attorney of your ability to complete administrative tasks on behalf of the estate and you are honest as to which tasks, if not all, the attorney will be responsible for administering him or herself. 

To discuss our firm’s probate practice, contact Rachel Weinrib at (516) 747 6700 x. 317 or at RWeinrib@Kirschenbaumesq.com.