Comments on: Probate: Exempt Property & Family Allowance

By: Bonnie S. Aborne

Bonnie S. Aborne — Wed, 10 Sep 2008 20:04:23 +0000

I’ve seacrched Google for information related to any fees that an attorney can charge related to the probate of an estate.
I managed to find court related fees, but nothing that relates attorney’s fees. If could provide that information or direct me to a site that has same that would be very helpful.

Sincerely,

Bonnie S. Aborne.

By: Douglas Turner

Douglas Turner — Mon, 03 Mar 2008 01:26:18 +0000

Greg:

We cannot give legal advice in a public forum. If you would like to set up an appointment to discuss your legal concerns, please give us a call.

Douglas Turner

By: Greg Molenaar

Greg Molenaar — Sat, 16 Feb 2008 05:35:58 +0000

Nice article about the “Family Allowance” rule. Are the funds utilized under the allowance exempt from probate?

Under what condition do the courts grant “Extraordinary fees” to a probatge attorney?

Are the Family Allowances deducted from the probate account before the attorney takes the California - assigned percentage fee?

If a house is appraised at $175,000 and sells for $130,000…. and mortgages subtracted were about $70K…
is it appropriate for the attorney to get have the remaining $60K? (The house was the only item in probate).

What happens to the $2,000 ramaining in excrow for the next year? heh! If I ask the attorney by phone he will deduct another $350 and let me guess.

Ok, the REAL question… can I get the executor removed for any reason during the last year of escrow time after the probate case is essentially closed? — The executor cashed the surviving spouse’s death benifit check from Social Security among other nicities.

If I ask the probate attorney to fire the executor or replace… they said the executor was their client… not us.
Is that true?

Our complaints to the probate court were returned “without reading”.

Thanks for your comments back.