Probate
Retainer Statement
In
a Probate/Estate matter, the Executor/Administrator will be given a choice as
to legal fees to be paid. A typical representation agreement required by the
Rules of Court is the following:
AGREEMENT
TO PROVIDE LEGAL SERVICES
THIS
AGREEMENT, dated _______________________ is made
BETWEEN
the Client, _____________________ [Executor or Administrator]
whose
address is referred to as "You"
AND
Kenneth Vercammen & Associates, PC referred to as the "Law Firm"
1.
Deceased. The person who died is _________________________ who formerly resided
at____________
_______________________________
and is referred to as the Deceased
2.
Estate of the Deceased. You have either been named as the executor in the will
of the Deceased or want to be appointed as the administrator of the estate of
the Deceased who died without a will. The executor or administrator is the
person who collects the assets of the Deceased, pays the just debts of the
Deceased and gives what is left to the family of the Deceased or to the
beneficiaries named in the will.
3.
Legal Services To Be Provided. You agree that the Law Firm will provide legal
services to you to assist you in performing your duties as executor of
administrator of the estate. The legal work includes:
(a)
reviewing and analyzing the will or advising you as to the persons who will
take the Deceased estate according to law; (b) advising you what must be done;
(c) making arrangements for you to go to the Courthouse to be appointed
executor or administrator of the estate (d) preparation of Notice of Probate to
Beneficiaries (e) fill out inheritance tax forms (f) preparation of Release and
Refunding bond (g) summarizing and seeking Court approval for your actions, if
necessary; and (h) correspondence to persons receiving benefits from the estate.
4.
Costs and Expenses. In addition to legal fees, the estate of the Deceased must
pay the following costs and expenses:
Experts
fees, court costs, accountants fees, appraisers fees, service fees,
investigator fees, deposition costs, messenger services, photocopying charges,
telephone toll calls, postage 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. If there is
no litigation or other complications which require an abnormal amount of work,
the amount of the final bill for legal expensed will be: (Check if applicable)
[
] 5% percent of the gross probate estate. This includes the total value of the
property which is subject to administration by the executor or administrator of
the estate.
[
] 5% percent of the total gross assets of the estate as will be reported to the
Inheritance Tax Bureau.
[
] Hourly Rate. You agree to pay the Law Firm for legal services at the
following rates:
Rate
Per Hour Services of $ 225.00 Kenneth Vercammen
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)
[
] Schedule of Payments. initial payment: on filing of the inheritance tax
return: on service of final accounting on the beneficiaries: on making the
final distribution:
[
] Bills. The Firm will send you itemized bills from time to time.
All
bills for costs and legal expenses are due upon receipt. The estate of the Deceased
will be charged interest at a yearly rate of 18% on any remaining balance not
paid within 30 days from the date on the bill.
7.
Your Responsibility. You must fully cooperate with the Law Firm and provide all
information relevant to the issues involved in this matter. You must also pay
all bills required by this Agreement. If you do not comply with these
requirement, the Law Firm may withdraw from representing you. The Law Firm will
also withdraw at your request.
Signatures.
You and the Law Firm have read and agree to this Agreement. The Law Firm has
answered all of your questions and fully explained this Agreement to your
complete satisfaction. You have been given a copy of this Agreement.
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