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From: mather@uicsl.UUCP
Newsgroups: net.legal
Subject: Re: estates - (nf)
Message-ID: <4859@uiucdcs.UUCP>
Date: Tue, 10-Jan-84 22:37:53 EST
Article-I.D.: uiucdcs.4859
Posted: Tue Jan 10 22:37:53 1984
Date-Received: Sun, 15-Jan-84 00:57:56 EST
Lines: 30

#R:aluxe:-125600:uicsl:21400003:000:1368
uicsl!mather    Jan 10 13:35:00 1984

    My wife has been a real estate attorney for the past several years
and her advice was 're-hire your attorney'. Estates of the size you
mention are nothing to sneeze at and the probate laws (I'm speaking of
Illinois law) are rather complicated. Also, you are not paying the
attorney for 'the amount of work' he or she is doing. You are paying
for the expertise in that area of law. If YOU make a mistake somewhere
along the way, YOU could be in big trouble. An attorney is less likely
to make a mistake, and bears the responsibility of protecting their
client (that is why they pay malpractice insurance, too) in the event
of an error.

   In Illinois (she is not an expert in PA), filing for dismissal of
the executrix in an estate that large is a complicated procedure.

   Another point, if you fire an attorney that is charging on a percent
basis, you risk being sued by that attorney for accumulated fees on a
per hour basis ($50 - $100/hr. here).

   Lastly, 5% is par for estate closing and probate work. Some firms
have a non-linear scale (like income tax) based on the size of the estate.
The resulting figure in this case will end up a little above or below 5%.

   I think people get a simplistic view of law by watching
"The People's Court."

                             B.C.Mather  ..uiucdcs!uicsl!mather
                             V.M.Mather, J.D.