Q: What is limit on Attorney fees in handling probate in MD? Will says PR has no limit. See more info for details.
Gross estate: (Theoretical) $500K
No consent by interested persons.
PR says Attorney fees will be around $30K
fee agreement: unknown
Attorney will be performing extraordinary services
Will explicitly states PR has no limitation on spending for probate
A:
Each attorney sets their own fees. Generally attorney fees will require court approval unless all of the heirs / interested persons consent. For example, my firm routinely handles estates for an agreed upon portion of statutory commissions, often well under the statutory maximum. On a "standard" $500K estate, maximum statutory commissions would be under $20,000.
The fact scenario does not suggest what creates the need for "extraordinary" services. Some things, like coordinating appraisals or the sale of real estate, are routine while other things, like estate litigation, could increase effort and expense.
Attorneys fees must be "reasonable" -- this depends on the amount of work involved but the attorney should seek court approval if the heirs do not agree on entitlement to the requested fee. This request should specify why the sought fees are reasonable.
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