Q: My father died without will. I need to have the law fees taken out of the estate, is that possible
I’m the beneficiary of his life insurance & oldest of 2. We agree on everything. I have the latest deed, the death cert
He has a double mortgage on a 20 year old double wide located on 2 achers in Cunningham, TN
Very little property 2 older (90’s model) car & truck (paid for)
Union employee
Worked at Trane for 41 1/2years
Retired oct 1,2017
Died oct 13,2017
Natural causes
I live near eddyville ky
I can travel
NEED LAW FEE TAKEN OUT OF ESTATE
A: The administrators fee and the attorneys fees of the administrator are priority expenses of the estate ( I think the funeral expense comes first). However, in most local jurisdictions, these fees are subject to court approval or are set by local court rules. In other words, the fees do indeed come out of the estate. However, the fee agreement you make with any attorney will most likely be different as there some court costs and fees that have to be paid when the estate paperwork is filed with the court ( paid in advance or "up front" ). You should probably talk with several probate/estate lawyers before making any agreement- it is clearly acceptable to "shop around" before you hire any professional. In some instances, it may be cheaper to pay an hourly rate than a percentage of the estate.
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