Legal Question in Wills and Trusts in New York

dispute over legal fees involving an estate

My mother passed away in 1997 an d the attorney handling her estate originally charged me $350 to handle the case. There was no mention of additional fees. No retainer was signed. 7 years later in 2004 the lawyer sent me a bill for $1200 in legal fees. I am refusing to pay and now he is suing me for the fees. Can he do this?


Asked on 3/28/08, 8:47 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: dispute over legal fees involving an estate

Yes, however before he commences litigation he must first offer arbitration. More information may be obtained at

www.courts.state.ny.us/admin/feedispute/index.shtml

Mike.

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Answered on 3/28/08, 9:11 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: dispute over legal fees involving an estate

Anyone can sue anyone so yes he can do that.

However, he can not charge you 300 and then 7 years later send you a bill for 1200. Something is wrong here.

Furthermore, there is a 6 yr SOL on debts. What date was the Estate finally settled? If it was 6 yrs or more ago then his claim is barred by SOL.If it was less than 6 yrs ago you need to argue "laches".

Laches means someone sat on their legal rights for a long time and allowing them to act on them now is to your detriment or prejudices your case.

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Answered on 3/28/08, 9:53 pm


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