Q: I was the executor of my mothers estate. My sister was accusing me of estate theft. I decided to get an estate lawyer.

A: So, assuming you were still the personal representative of the estate throughout the time the estate lawyer charged fees, then the lawyer was supposed to petition the court to approve payment of his fees from the estate. A PR has authority to retain estate counsel, and in addition, petition for authority to retain litigation counsel for specific litigation matters. Generally, the court will grant authority to retain litigation counsel, which then removes any questions regarding the right to fees. However, for both estate attorneys and litigation counsel, the court is supposed to review the reasonableness of the fees. In cases where the PR pays fees out of pocket without prior court approval, the PR would need to petition the court for approval of the fees for reimbursement and include the reimbursement as part of the final accounting in the estate. If the outcome of the litigation establishes liability and fault on the PR’s part that requires reimbursement to the estate, then fees incurred by the PR to defend unjustified positions may be denied reimbursement or deducted from the PR’s share of the estate if they are entitled to a distribution. It is hard to tell from your question what happened in your situation, but it is unclear that you have a claim against the lawyer; rather, your remedy would have been against the estate assets. If you failed to timely request reimbursement, then your claim may be barred. Whether your failure to petition for the fees was the result of bad legal advice that rises to the level of professional malpractice is not an easy determination, and certainly not a conclusion anyone can reach on the facts stated.