Legal Question in Elder Law in New York

Must an attorney fee disclosure form be signed upon the set up of the life estate trust? When the principal passes, does the executor have the right to see this form?

Asked on 3/15/18, 10:12 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

A lawyer's retainer agreement or "fee disclosure form," as you call it, is required where the legal work is more than $3,000. It's an interesting question you ask as to whether an executor has the authority to demand copies of documents signed by the decedent. I think, but I'm not positive, the answer is 'probably not'. However if there's good enough reason, the executor can probably ask the court for an order requiring the lawyer to turnover the document to the estate. That would be very, very difficult, however it's possible.

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Answered on 3/15/18, 1:59 pm

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