Q: If my sister got a lawyer to fight other sister in probate case.Does that lawyer receive 33% of all
sisters inheritance? I live in Chattanooga Tn. but the probate is in S.C.
A: The amount of attorneys fees in any case involves a number of factors. Usually, the person that hires the lawyer is responsible for that fee. I can't speak for South Carolina law ( I only practice in Tennessee) but here in probate cases or other inheritance cases, the Judge can allow a fee based on the size of the estate under the premise that the services rendered by the lawyer benefitted not only the one client, but other parties as well. ( the legal term is the 'common fund doctrine'). The fee would not normally be a percentage, but more likely an hourly rate figure. However, again, you need to ask this question of a South Carolina lawyer. Hope this helps.
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