Legal Question in Wills and Trusts in Illinois

No. The 1/3 fee does not include the expenses.

Generally a contingent fee does not include costs, but in any case this question should be answered by the written fee agreement that you have with your attorney.

In Illinois, particularly in the Northern Counties, it is very unusual to have a contingency fee agreement on a probate matter. On the other hand, such an agreement is typical regarding the proceeds of a Wrongful Death tort action. I am concerned that your attorney may be blurring the line between the two. I recommend that you reach out to another attorney to review this. Feel free to call me for a free consultation.