Legal Question in Wills and Trusts in Georgia

Attorneys fees for settling estates & wills

How are attorney fees calculated when handling an estate for the inheritors? My father is an attorney and is handling my grandmother's estate estimated to be worth $320,000. He is claiming $20,000 as his fee and has stated that there is a formula justifying his fee for handling her estate. Is this true?

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Asked on 11/21/05, 11:04 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Attorneys fees for settling estates & wills

There is no formula under GA law as to attorneys fees. Ask him to show you the authority (i.e., the GA code section) under which he is making his claim. (You can search the GA code at http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1)Having said that, it is true that an attorney is entitled to reasonable compensation for services rendered, just as in any other case. However, he must be able to document his fees. You should consult with a local attorney who can review the probate court file to see what documents have been filed, etc. After all, some estate cases are more complicated than others. Also, you need to discuss with the attorney under what authority is your father acting. Is he the Executor? Was he hired by the Executor? Is there even an Executor (in cases where there was a Will)? Sounds suspicious to me.

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Answered on 11/23/05, 4:50 pm


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