This question has to do with an estate. My uncle passed away almost 18mths ago. The attorney in charge of his will charged almost $43,000.00
Asked on Aug 14th, 2012 on Business Law - Pennsylvania
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to settle an estate worth almost $350,000.00. What is the normal % that the attorney would get for settling this estate. There were a few complicated situations b/c my uncle had never properly settle the estate of my grandmother who passed away almost 19 years ago and there were stocks, and other stuff that had to be cashed in, etc...
Lawyers' fees are a regressive tax on estates -- in other words, the larger the estate, the lesser proportionally it should cost to probate the estate. Small estates like this one can be very difficult to probate, particularly if, as you suggest, there are assets that are difficult to obtain control of. For estates of this size, a counsel fee of about 4-6% might be normal. Essentially that means you might,in theory, have "overpaid" by about $30,000. The question is whether this extra amount was reasonably and necessarily spent to obtain control of the grandmother's assets, etc., and whether you used the attorney to do things (like "stuff that had to be cashed in") that you could have done yourself but chose to let him handle. It's not possible to answer those questions from the facts posited.
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