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Attorney Answers 6

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

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

  3. 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 read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

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

  5. 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.

  6. 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 California; many rules in this area vary dramatically state to state. Consult a local attorney. Nothing in this post or transmitted by email should be interpreted as legal advice unless I have been retained and you have made a deposit towards my fees. This post is intended to help the person posting the question to ask the right questions with the attorney of their choice. Your time to act may be very limited and this could substantially reduce your rights and options. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting. I am licensed to practice law only in the State California. For questions connected with the laws of other states you should seek an Attorney in that state to advise you. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. Attorney Weissler is licensed in California only. Although the legal rules in many states are the same, rules in your state may differ from those known by the responding attorney. Before relying on information received over the internet always check with a local attorney..

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