Detroit, MI asked in Real Estate Law for Alabama

Q: Is this a reasonable partition attorney's fee. Plaintiffs $6000. Attorney's fees $6850+$1,127. should it be 10% of sell?

State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is plaintiffs attorney including court and appraisal cost in their settlement? What is the plaintiffs paying? What is a fair attorney fee (we were lead to believe it would be 10% of plaintiffs buyout.

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1 Lawyer Answer
William Vann Burkett
William Vann Burkett
  • Huntsville, AL
  • Licensed in Alabama

A: Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give my opinion on whether a certain fee is appropriate or reasonable. You should contact an attorney who practices real estate litigation to speak with him or her about your specific case and whether the proposed settlement follows current Alabama law.

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