Legal Question in Wills and Trusts in New York

Is there a statute in New York state that dictates how an attorney calculates his fee to probate an estate?

Asked on 5/25/19, 1:52 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

No, there’s no state law on this issues. There is “case law” though, Which generally speaking requires that and attorneys fees be “fair and reasonable” in relation to the work performed, the difficulty and complexity of the work, and the outcome to the client. That’s the general rule. In probate matters the surrogates court has the final say over whether and attorneys fees are fair and reasonable.

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Answered on 5/26/19, 5:47 pm

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