AGREEMENT TO PROVIDE LEGAL SERVICES- PROBATE
THIS AGREEMENT, dated _______________________ is made
BETWEEN the Client __________________ referred to as "You"
and Attorney __ & Associates, PC referred to as the "Law Firm"
1. Deceased. The person who died is __________________
who formerly resided in _____________ and is referred to as the Deceased
2. Estate of the Deceased. You wish to have an accounting of the assets and income from the estate.
3. Legal Services To Be Provided. You agree that the Law Firm will provide legal services to you. The legal work includes:
(a) reviewing and analyzing the Estate or Will and advising you as to potential methods to contest the Will and/or the way the Executor is handling the estate
(b) advising you what must be done;
(c) filing a Complaint at the Courthouse to request an Accounting
File a Verified Complaint and Order to Show Cause requesting the following:
1. That the named executor be ordered to provide an accounting of the estate to plaintiff and sell any remaining Real Estate and assets
2 Executor be ordered to provide an accounting for all assets of dated five years prior to death if they had access to assets
3 That the Executor be removed as the executor/administrator of the estate and that another family member be named as administrator of the estate.
4 Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
5 That the Executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.
6 Prepare and serve Interrogatory Questions and Demand for Documents on the Executor to answer.
4. Costs and Expenses. In addition to legal fees, you must pay the following costs and expenses:
Court costs, and if requested by you any accountants' fees, appraisers' fees, service fees, Experts fees, investigator fees, deposition costs, messenger services, and any other necessary expenses in this matter.
5. Legal Fees. At this time, it is impossible to tell exactly how much time and effort will be required of the Law Firm to properly represent you.
[ X] Hourly Rate. You agree to pay the Law Firm for legal services at the following rates:
Rate Per Hour
$350.00 out of court
$350.00 in Court or out of office time
You will be billed at these hourly rates for all services rendered. This includes telephone calls (minimum charge of 1/4 hour), dictating and reviewing letters, travel time to and from meetings and the Court, legal research, negotiations and any other service relating to this matter.
6. Payment of Fees. The agreed upon fees will be paid as follows: (check if applicable)
[ X] Schedule of Payments.
initial payment: $7,000
Please make checks payable to Attorney __
7. Your Responsibility.
If you have not already done so, prepare a double spaced typed narrative of the case to provide to the Court. You may be required by the Court to Answer Interrogatory Questions and appear at a deposition. This narrative will help the court and our office.
We do not represent you until all fees are paid. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must follow the instructions of your attorney. You must also pay all bills required by this Agreement. If you do not comply with these requirements, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request.
[Balance of retainer is the same as regular Probate Retainer]
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