Published on:

Court Rules on Reasonable Attorney and Accountant’s Fees

This case pertains to the accounting proceeding relative to attorneys fees, accountant’s fee and commissions.

In February 26, 1996, the decedent died leaving a will dated March 9, 1984 which was decreed on May 18, 2004 to which a letters of administration was issued to the Public Administrator on said date. The summary state shows charges to accounting party of P289,650.33 as the Public Administrator’s first and final accounting. The residuary estate under the will was directed to be paid to Diabetes Association of New York, Inc.

The court in its authority and discretion, considers a number of factors in evaluating legal services and other fees. These includes: the time spent, the complexity of the questions ivolved, the nature of the services provided, the amount of litigation required, the amounts involved and the benefit resulting from the execution of such services, the lawyer’s experience and reputation and the customary fee charge by the Bar for similar services. A New York Probate Lawyer said a legal fee must be imposed reasonably taking into consideration the valude of the estate. The attorney(s) services includes: 1) preparation and filing of the petition for temporary letters of adminstration and cross petition for probate and letters of administration together with the acocmpanying affidavits and rquiredancillary documents; (2) preparation and filing of the renunciation of nominated executor and multiple waivers of process and consent to probate for numerous distributees and legatees (3) obtaining the Public Administrator’s fiduciary bond; (4) review of known family information and research as to whereabouts of alleged distributees (5) preparation and filing of an affidavit of heirship (6) arranging for service of process of probate citations and preparation and filing of an affidavit requesting substituted service (7) preparation and filing of proposed probate decree (8) attendance at the probate citation return date (9) preparation of receipt, release and refunding agreement for the hospital, who is a legatee under decedent’s will and conversations with the administrative and legal personnel regarding same (10) preparation and filing of the Public Adminstrator’s final account and the petition for judicial settlement of account (11) arranging for service of accounting citation and ensuring adequate service of same to secure jurisdiciton over all interested parties (12) multiple telephone conferences and correspondence with various attorneys and the Public Administrator of Nassau County and the employees thereof. The said firm likewise handled the sale of the cooperative apartment and charge services in the amount of $1,500.00 for the said purpose.

After realizing some duplication in the attorneys fees, a reasonable reduction in fee was made.

With regard to the professoinal fee of accountant (s), it shall be secured when the expertise for that matter called for. Generally, the same is to be included in the attorneys fee for the fiduciary in order to avoid duplicity.

Nassau County Probate Lawyers said that depending on the circumstances, it shall be drawn from the estate or otherwise. In the instant case, the accountant(s) work is not doubled and thus the service charge is reasonable. Thus, the accountant(s) fee is paid with P7,250.00 with the unpaid amount of $575.00 and the commission of Public Administrator is approved accordingly.

It is ordered that the surety is discharged and the case is settled.

Probate of Will carries with it the concurrence of expenses both for the litigation and services of professionals who will handle the affairs of the estate. Manhattan Probate Lawyers said the civil law and tax laws, requires the fair computation of services as against the services rendered by the expert in order to serve the purpose of the law and at the same time giving the government the rightful claim thereof. Our New York Estate Litigation Lawyers can pass upon all the matters with prompt. Come to the Stephen Bilkis and Associates and we shall be glad to serve you. Our New York Estate Litigation Lawyers had come across numerous cases at which the highest court has rules upon. Thus, we assure you that jurisprudence was fully studied and your case will never be like a needle in the haystock.

Contact Information