My aunt died with no children and my cousin is handling the will. i received a document from the attorney helping my cousin with the details of the expenditures associated with this . there are 2 charges on the document that are extremely inflated. $31,000.00 worth. how do i challege these charges? the court sent out a document with the timeline for a hearing but i donot want to contest the will . i only want these charges justified with receipts.
1 Answer from Attorneys
The court sent you a document that said, probably, that unless you filed an objection by a certain date the court would approve something. What is that something? The admission of the will? Or, if it has already been admitted, is it the Financial Report or Final Accounting? If it's just the admission of the will, you don't have to object at this point, because you aren't objecting to the will being admitted. If it's the report or the accounting, then you do have to object and ask for a hearing. You'll have to go to the hearing and tell the court you think the charges are too high. It sounds as though it's the latter, because normally the attorney doesn't show the charges until the report or account, not at the time the will is admitted. If you are upset at the attorney or fiduciary fees, just be aware that a normal, fairly uncomplicated estate attorney fee would likely be 2% to 3% of the gross taxable estate, the fiduciary fee about half that. If you don't know what the gross taxable estate means, call me and I'll tell you.