Atlanta, GA asked in Estate Planning and Probate for Georgia

Q: Will an attorney defer payment while they petition for the removal of an executor and be paid from the estate afterwards

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3 Lawyer Answers
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s family house that no one wants to sell, you will probably have to pay up front. But, if the estate has $100,000 sitting in the estate bank account, van attorney might be willing to wait for his fee.

Seth Meyerson
Seth Meyerson
Answered
  • Estate Planning Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: There are no guarantees that a petition for removal of an executor will be successful. An attorney could agree receive compensation after a successful petition (or many other arrangements other than fees due when services are provided) but in my opinion most will not.

Seth Meyerson
Seth Meyerson
Answered
  • Estate Planning Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: There are no guarantees that a petition for removal of an executor will be successful. An attorney could agree to receive compensation after a successful petition (or many other arrangements other than fees due when services are provided) but in my opinion most will not.

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