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Home→Tags Attorney fees 1 2 3 4 >>

Tag Archives: Attorney fees

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Trustee Commissions and Legal Fees Reduced for Errors by Trustee

Posted on February 26, 2023 by Daniel EvansFebruary 26, 2023

By distributing some trusts years before and adding the assets of those trusts to other trusts, the trustee waived claims for commissions payable from those trusts, as well as attorneys’ fees incurred later. The trustee also failed to provide clear … Continue reading →

Posted in Opinions | Tagged Attorney fees, Trustee commissions

Legal and Delay Costs Imposed for Failure to Vacate

Claim for compensation for care of parents by one of their sons was denied for lack of “clear, direct, precise and convincing” evidence of an agreement for compensation, but claim for family exemption was allowed even though the decedent had … Continue reading →

Posted in Opinions | Tagged Attorney fees, Claims of Creditors, Family exemption, Untimely objections

Unsigned Will Not Probated

Decedent gave instructions to attorney for the preparation of a will, but she died in the hospital without signing the will because COVID-19 protocols prevented her attorney or others from delivering the will to her for her signature, and so … Continue reading →

Posted in Opinions | Tagged Attorney fees, Equitable estoppel, Gift, Wills

Conflict of Interest and Allegedly Missing Assets

An attorney who represents a beneficiary of an estate to remove an executor and who later represents the same person as successor executor does not have a conflict of interest. An objection claiming that the destruction of a computer caused … Continue reading →

Posted in Opinions | Tagged Attorney fees, Conflict of interest, Executor Commission, Personal effects

Non-Reimbursable Legal Fees of Fiduciaries

Posted on July 12, 2021 by Daniel EvansNovember 11, 2021

The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...

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Posted in Articles | Tagged Attorney fees, Attorney-client privilege, Counsel fees and costs, Executor commissions

Compensation of Administrator and Attorney Reduced by Half

The compensation of a lawyer who served as administrator of the estate, submitted a fee agreement to beneficiaries specifying compensation at an hourly rate, and kept hourly time records with specific descriptions of work was nevertheless reduced by more than … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions

Trustee Compensation Limited by Agreement, but Interim Principal Commission Allowed

A 1954 letter from the corporate trustee established an agreement for trustee compensation of 5% of income, and the trustee did not produce evidence of extraordinary services to merit additional compensation or that the resulting fee was unreasonable. However, neither … Continue reading →

Posted in Opinions | Tagged Attorney fees, Trustee commissions

Lawyer for Beneficiary has Charging Lien in Distribution

A lawyer representing the beneficiary of an estate is entitled to a “charging lien” against the beneficiary’s share of the estate for work performed before being discharged by the beneficiary, based on an oral agreement that the lawyer’s billings could … Continue reading →

Posted in Opinions | Tagged Attorney fees

Redacted Time Records Did Not Support Attorney Fees

Executor and her attorney were surcharged for excessive and unreasonable attorney fees because the attorney time records that were submitted had the descriptions of services redacted and so they failed to meet their burden of proof. Stoughton Estate, 10 Fid.Rep.3d … Continue reading →

Posted in Opinions | Tagged Attorney fees

Treating Trust as Marital Trust was Patent Error

The decedent’s inter vivos trust directed the division of the trust into a marital deduction trust and nonmarital trust, but no marital trust was necessary because the gross estate was less than the federal estate tax exclusion amount. The administration … Continue reading →

Posted in Opinions | Tagged Attorney fees, surcharge

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