The administrator of my relative estate is refusing to document with bank records, invoice or cancel checks she claims she paid an out of state (New York) atty close relative a ridiculous amount for probate legal fees. The estate had less than 2 bills to pay and no real estate. Very modest estate value. Do I lose my rights if I request a fee arbitration of the fees which is a lot less expensive way of a formal accounting filing in the probate courts. Can out of state attorneys request legal fees for a New York probate.
I do not understand why fee disputes appear as ethical question, but Avvo has its limitations. As for Part 137, there is not enough information here to answer the question. Part 137 does not apply to fee amounts greater than $50,000 without consent, and we do not know the amount in dispute. Moreover, if the fee amount was fixed by the court, then there is no possibility of arbitration via Part 137. However, more importantly from these facts, Part 137 does not apply to requests for arbitration made by a person who is not the client of the attorney or the legal representative of the client.
The asker does not lose any rights, whatever those may be in probate court.
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