Legal Question in Wills and Trusts in Pennsylvania

I am the sole heir to my mom�s very simple (2 bank accounts + 1 investment account) yet fairly high value estate. I entered into a per/hour agreement with an attorney who has now submitted a bill that is suspiciously exactly 3% of the estate value. How can I dispute the charges? He has ignored my mail and phone calls.


Asked on 5/31/11, 7:07 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

You would take the up with the local bar association's fee arbitration committee.

{John}

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Answered on 5/31/11, 7:55 am

I don't know what the attorney billed you for or what work the attorney did. However, most fees are based on a percentage of the estate and 3% is not unreasonable per se. It depends on the size and complexity of the estate.

While you only mention bank and investment accounts, there is more to it that that if you are probating an estate. If this is all there was, you did not need to hire an attorney. However, maybe there are other assets. Maybe there are other debts. Maybe there is a need to go through probate.

Are you the personal representative? Has the attorney taken the estate through probate, by publishing notice in the newspaper (you have to advertise of your mother's death and allow for the submission of any claims). Did the attorney arrange to get any property appraised? Will any taxes be owed? What about filing final tax returns for your m other? Has an accounting been filed?

You need to speak with the attorney and if he will not return calls, then write to him and ask for an explanation. Frankly, I am surprised that the fee agreement (if this was a reputable attorney) did not outline the basis of costs and fees in the agreement rather than make this per hour. Ask for a detailed itetmized statement and tell the attorney in the letter that if you do not receive a response in 15 days, then his services are no longer needed. Tell him to have the file ready so that you can pick it up.

Do not pay his final bill and arbitrate that with the fee dispute resolution committee of the local bar.

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Answered on 5/31/11, 11:37 am


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