Q: In CA, when Order of First and Final Report has been signed by Court, can est atty file addendum for add’l costs?
As executor, I received First and Final Report, which included order to pay estate attorney’s fees, which I have paid. Subsequently, attorneys sent invoice for additional costs, which were not included on the original First and Final Report. Now they indicate they will file an addendum requesting those costs. Can they do that, or is the original First and Final Report signed by the Court, actually final?
A:
Dear Palm Desert:
I'm a bit unclear about where this is at a procedural level. Sounds like:
1. The attorney filed the First and Final Report and Accounting, which the court approved and issued an resulting order.
2. You paid the attorney all the sums due under the Order for Distribution (a.k.a. Order on First and Final Report and Accounting.)
3. The attorney is requesting reimbursement for additional costs (not attorney's fees) advanced on behalf of the Estate.
So, normally the attorney's fees requested in the First and Final Accounting includes ordinary and anticipated work required by the attorney following the approval of the First and Final and the true close of the Estate (discharge of the representative.) However, there may be additional costs advanced by the attorney which require reimbursement.
In such a case, the attorney is due reimbursement if they are reimbursable costs. Normally, this is paid out of the reserve and presented to the court with the Petition to Discharge the Representative. However, additional attorney's fees would need a separate petition for approval.
You should keep in mind that not all costs an attorney's incur are recoverable, and there are rules in the Probate Code, Rules of Court, and Local Rules as to what is recoverable. For example, in my home County postage, mileage and copying are normally not recoverable unless excessive. (So, driving to the court house does not count, but a trip to L.A. to attend a hearing might.)
Depending on the amount, it might be worth your while to have an independent attorney review the request. If you do not know where to find one, you can try your local county bar association which should operate a referral service that provides a consultation with an attorney for a nominal or no fee.
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