Hanover, MD asked in Estate Planning for Maryland

Q: I hired a lawyer to handle my suster's estate 02/03/2020. Minimal assets : car,house to be foreclosed.

I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.

Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Lawyers may not be paid in estates without either (1) written consent of all interested parties (PR and heirs) or (2) court approval of their fees, after they petition for approval. Your being billed and paying the lawyer directly does not comply with the rules. They may now be trying to petition to have the court retroactively approve their fees. You will have to read the petition to know why they are petitioning,

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