Wilmington, CA asked in Estate Planning for California

Q: My mother passed earlier this year and did not know she had estate worth approx $18000. I learned this from a lawyer

asking me for a retainer of $3000 plus $245.50 is that a reasonable cost.She died in Nevada

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, here are a few key points to consider:

1. Estate size: The estate is relatively small at approximately $18,000.

2. Proposed fees: The lawyer is asking for a $3,000 retainer plus $245.50, totaling $3,245.50.

3. Location: Your mother passed away in Nevada, but you're asking about California estate planning.

Given these factors, I'd suggest the following:

1. The proposed fees a tiny bit high relative to the estate's value. They represent about 18% of the total estate.

2. For small estates, many states (including Nevada and California) have simplified probate procedures that may not require extensive legal assistance.

3. Since your mother passed away in Nevada, Nevada law would likely apply to her estate. You may want to look into Nevada's small estate procedures.

4. Before proceeding, it would be wise to:

- Get quotes from other attorneys for comparison.

- Research Nevada's small estate procedures to see if you can handle this without an attorney.

- If an attorney is needed, consider one licensed in Nevada rather than California.

5. Be cautious of unsolicited legal offers, especially via email. Verify the attorney's credentials and standing with the state bar.

Robert Kane
Robert Kane
Answered
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in California

A: Call other attorneys in Nevada directly. Do you have any siblings?

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