QUESTION
The probate attorney is reducing commission agreed to before death of client. Should I seek legal services?
Asked on Aug 15th, 2013 on Estate Planning - California
More details to this question:
Probate attorney is telling me commission allowed through probate is 5% total and we double end it is 4% and listing period to be 3 months at a time with 2 additional 3 month extensions, I thought the listing agreement/terms conveys to successor or assigns.
7 ANSWERS
3 Awards
In Nevada, permissible commission on the sale of real property in probate is 7% for residential properties and 10% for commercial properties.
Answered on Aug 23rd, 2013 at 2:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I suppose it can unless there are so many people to give the money to that the property needs to be sold.
Answered on Aug 23rd, 2013 at 2:11 PM
Thomas Edward Gates
We know longer set our fees at 5% (or any other percentage) of the estate's value. Obtain one that has a fee structure.
Answered on Aug 23rd, 2013 at 2:10 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your question seems to mix things a bit. Real estate sales commission in probate is often limited to 5%. Basic attorney and executor fees for handling an estate are 4% of the first $100,000, 3% of the next $100,000. 2% of the next $800,000, etc.
Answered on Aug 23rd, 2013 at 2:10 PM
2 Awards
Your question is concerning and I would definitely ask for another opinion. The probate attorney should not be selling the house for you as an agent and getting paid as the probate attorney. This does not sound right and I would speak with another probate attorney ASAP. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Aug 23rd, 2013 at 2:10 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you are talking about a real estate contract, you will have to read the listing agreement. If you don't understand it, you will have to get an opinion from a second attorney.
Answered on Aug 23rd, 2013 at 2:10 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I have no idea what you are talking about. Commission for what? Probate lawyers do not charge commissions. They charge legal fees for their services. There is no fee schedule in Michigan. A lawyer could charge $500, 1%, $10,000 or 20%. Whatever the client agrees to is what the fee would be. When you speak of listing agreements and extensions, you have lost me completely. Did the decedent sign an agreement to sell a house? Is the lawyer trying to change the terms of that agreement? If that is your case, then you have no obligation to agree to alter the terms.
Answered on Aug 23rd, 2013 at 2:10 PM