Are attorney fees taken out of the estate account before it is able to be closed?

UPDATED: Dec 29, 2011

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Are attorney fees taken out of the estate account before it is able to be closed?

I had an attorney that agreed to a discounted rate which I paid.

Asked on December 29, 2011 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  I am assuming that you are the fiduciary of the estate - executor or personal representative, correct?  Are you saying here that you already paid the attorney's fee out of your own pocket for probate before the estate was coming up for finalization?  And you have the retainer and a copy of the paid bill?  The you are entitled to reimbursement from the estate account prior to its close and distribution to the other heirs or beneficiaries of the estate.  Just make sure that you have all the documentation and that it is attached to the final accounting so that it is all out there in the open and on the up and up.  Good luck.

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