Calculation of Contingent Fee in Will Contest

In an action by a lawyer for the collection from an estate of contingent fees owed by the heirs for representation in a will contest, the heirs had standing to appeal from the decisions of the Orphans’ Court but the administrators of the estate did not because there was no surcharge against them and so they were not adversely affected by the decisions of the court. An agreement for a contingent fee of “40% of any judgment” was interpreted to mean 40% of the net value of the estate passing to the heirs, and not 40% of the gross inventory value of the assets of the estate, and additional fees for appellate work was not allowed because the agreement allowed for additional compensation for an appeal by the heirs of an unsuccessful result but did not allow any additional compensation for an appeal by the opposing parties after a successful result for the heirs. In re: Estate of John J. Thomas, Deceased, 1297 WDA 2023 (Pa. Super. 10/24/2024) (non-precedential).

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