IF HEIRS NEED TO REOPEN AN ESTATES PROBATE DUE TO NOT BEING NOTIFIED IN THE BEGINNING. ARE THE ATTORNEY FEES USUALLY WAIVED?...

Asked 6 months ago - San Diego, CA

... OR HOW WOULD THEY GO ABOUT GETTING THE FEES WAIVED? THNX :)

Attorney answers (6)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You need to consult with a probate attorney - however, fee waivers are generally financial need based.

  2. Joel Steven Weissler

    Pro

    Contributor Level 12

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    Lawyers agree

    Answered . In California Attorney's fees in probate are primarily based upon the gross value of the assets in the probate. These are known as statutory fees. In addition an attorney is entitled to additional payment if they do work above and beyond the scope of a basic probate. These fees can be from helping with the sale of a house, negotiating with estate creditors, preparing the estate's accounting, or any number of activities beyond the basic filing and appearance. If re-opening this estate is part of the basic probate, he or she may have already been paid for it, if re-opening the probate is not to fix a problem with the basic probate then it is probably work for which 'extraordinary fees' will be required.

    Your question is interesting -- how were heirs left out of being noticed? What do you want to accomplish by 're-openning'? With these quezstions answered I might be able to provide further assistance.

    DISCLAIMER: Attorney is licensed in California only. Although many legal principals are the same outside of... more
  3. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is not a personal injury question, but should be posted in the probate category if you want to get some helpful answers.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A fact or two would be helpful as to what this is regarding, but you might want to tag the question probate.

  5. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This question would be best addressed by a local probate attorney.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  6. Christine James

    Pro

    Contributor Level 19

    Answered . Attorney fees are not likely to be waived unless someone did something wrong. Even then, fees would have to be recovered by the person who "messed up" and you will have to show that they did. A new attorney is not likely to work for free. However, I would suggest you speak with an attorney, discuss the situation and what happened, and see what can be worked out.

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