Q: How are probate lawyers paid in Oregon? My brother says his probate attorney asked for $3,000 to handle our case.
Up front, to handle our probate case. The estate is valued at not more than $300,000. In Linn County, OR. The lawyer said this was for fees and other expenses incurred in the process of handling the estate, and we (my brother? the estate?) would be reimbursed for any unused funds...
Also, what if we can't come up with the money??
A: There is not set rule. Most probate Attorneys want some money up front to cover the expenses of setting up the probate just in case the client's representation of what property is available and the value of said property turns out to be wrong. Assuming there is $300k that will end up being managed in the probate, all the money that is advance and the additional Attorney's fees will be paid out of the estate provided that the court approves the payments from estate funds. Different Attorneys ask for different amounts and there may be an Attorney who doesn't ask for any money up front. You can certainly call other Attorneys and find out what they say. But this amount doesn't sound unreasonable.
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