Skip to main content

If estate attorney chooses to bill hourly rather than percentage of the estate would a judge review the time records?

Allentown, PA |

Executor/attorney/50% beneficiary for a relativley simple estate chose to bill the estate hourly rather than take a percentage oif the estate value. The houlry came out quite a bit higher but in reviewing the time records submitted as support for the bill there are many charges that are for work that would not be done by an attorney at the rate of $275 per hour in normall cases(copying, picking up forms and mailing letters, etc) When the accounting goes to orphans court in PA, would a judge review the time records since she is being paiid houlry? It would seem that the judge should review them since they are using that as the justification for their fee. They chose not tot take apercentage and so it would not seem appropriate to use the percentage guidelines in a situation like this.

Attorney Answers 3


  1. Perhaps. Under most state laws, an attorney is entitled to "reasonable compensation," in light of all the circumstances of the case. Whether the fee is reasonable in your case is impossible to say, without knowing a whole lot more of the facts. It appears under your facts that the attorney is also a beneficiary for the estate? If that is the case, then the attorney is essentially paying for half the fee himself/herself, because the fee comes off the top of the estate.

    One thing you can check is whether the PA State Bar offers a mediation service for attorney fee disputes. If so, that might be a quick and relatively inexpensive way to deal with this issue. I would also point out that it is unlikely the court will review the attorney fees, hourly or otherwise, unless you ask it to do so.

    Please see here, for more information: http://www.utbf.com/trust-estate/2010/01/executor-and-attorney-fees-for-probate-in-pa/

    and here: http://evans-legal.com/dan/estfees.html

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. Hello ...

    There is no set way for Attorneys to bill in an Estate. The "percentage" method is a "guideline" and not law. Not taking a percentage, but, rather, billing hourly was the agreement.

    Unless the fee is outrageous, I highly doubt a judge would do anything with it.

    I am sorry this doesn't answer your question the way you seemed to have it answered.

    John

    *
    John B. Whalen, Jr., J.D., LL.M. is an AV Peer Review Attorney and Counselor at Law, is listed in The Bar Register of Preeminent Lawyers, is Avvo Rated 10.0 Superb, is a recipient of the Legum Magister (LL.M.) Post-Doctorate Degree in Taxation (from the Villanova University School of Law), and is a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

    Mr. Whalen, Jr. provides free initial home consultations seven (7) days per week, including all evenings, weekends, and holidays, from 7:00 AM to 10:00 PM.
    888-845-0823
    610-407-0220
    610-999-2157
    jbwj@comcast.net
    Avvo.Com
    WhalenWillsLaw.Com
    TheWhaleBlog/a>
    Martindale.Com

    Although we invite you to contact us and welcome your calls, letters and electronic mail, please remember that this information is for informational purposes only, and does not create and does not create an attorney-client relationship. This website is not intended to be the rendering of legal advice for specific cases, you should not act upon this information without seeking professional counsel, and you should consult an attorney for advice regarding your individual situation.


  3. If I understand correctly, the attorney for the estate is also the executor and a 50% beneficiary. Some courts frown upon an attorney/executor billing for clerical work at the attorney's hourly rate.

    You have a right to object to the fee as unreasonable. Please check with a local probate attorney to discuss this matter.
    I agree with my colleague that there is no requirement to bill an estate on a percentage basis.

    The advice given is general in nature and consultation with a lawyer is neccssary.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics