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What would be the estimate fee for probate case where financial information of the decendant is not known

This legal question related to probate law attorneys in DetroitMichigan has been answered.

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Location: Detroit  |  Law type: probate law attorneys
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Father deceased no will...

Person who agreed to be family representative is deceased. I have very little information what work was done by attorney. She is asking for 1000.00 retainer and 275.00 hr fee.  Should I be able to ask what was done without being charged a fee for that.

Quick reply:

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Legal Solution

The response provided below is specific to probate law attorneys in the jurisdiction of Detroit. If the response is inadequate, please submit a detailed inquiry.

Understanding Probate Legal Fees in Detroit

In situations where the deceased has left no will and the individual responsible for estate representation is no longer alive, matters can become convoluted. Navigating these waters requires a comprehensive understanding of probate law, especially when dealing with attorneys and their associated fees.

Relevant Laws and Regulations:

For in-depth details related to probate cases in Detroit, it is recommended to consult:

Solutions for Your Situation:

  1. Transparency with the Attorney: Before agreeing to any fees, it is appropriate and recommended to ask the attorney for a breakdown of the work done. They should be able to provide this without any additional fees.
  2. Retainer and Hourly Fee: The retainer is an upfront fee which is common in legal cases, while the hourly fee will be applied for each hour of work the attorney provides. Given the complexities of your situation, it may be wise to compare lawyers in your area to ensure the rates quoted are competitive.
  3. Seeking New Representation: If there's a lack of trust or clarity with your current attorney, you have the right to find the right lawyer specializing in probate matters in Detroit.

Average Probate Attorney Fees in Detroit:

Service Description Average Price in Detroit
Initial Consultation $150 - $300
Fixed Fee for Uncontested Probate $2,000 - $4,500
Hourly Fee for Contested Matters $200 - $500
Retainer Fee $1,000 - $5,000

Detroit is known for its broad range in attorney fees due to the city's diverse economic factors. Thus, rates may vary considerably based on the lawyer's experience and reputation.

Further Clarification and Next Steps:

To ensure that you make the best decisions for your circumstances, you might want to delve deeper into the nuances of your legal issue. Don't hesitate to ask a free legal question if any doubts arise.

  • Understanding the Work Done: Exactly what services or tasks did the attorney perform for the family representative?
  • Clarity on Fees: Were there any written agreements or communications about the fee structure?
  • Other Representatives: Are there other potential representatives for the deceased's estate?

Questions for You:

  1. Estate Value: Do you have any approximation of the deceased's estate value? This can influence the complexity and thus, the costs of probate.
  2. Other Beneficiaries: Are there other beneficiaries or potential heirs to the estate? This can add layers of complexity to the case.
  3. Documentations: Do you have access to any written agreements or documents from the first family representative with the attorney?

Relevant Q&A for Probate Cases:

How long does the probate process typically take?

The duration of the probate process can vary greatly, depending on the complexity of the estate and whether any disputes arise. Typically, uncontested probates can take a few months, while contested or complex estates can take a year or more.

What happens if there's no will?

In the absence of a will, the state's intestacy laws come into play, determining how assets are distributed among surviving relatives.

How are attorney's fees determined in probate cases?

Attorneys can charge in various ways for probate cases: fixed fees, hourly rates, or even a percentage of the estate value. It's crucial to have a clear agreement upfront.

Can the probate process be avoided?

In some instances, yes. This can be done through careful estate planning, utilizing trusts, joint ownerships, and designated beneficiaries.

What if the estate is insolvent?

If the deceased's liabilities exceed the assets, the estate is considered insolvent. In such cases, there's a specific order in which creditors get paid, and beneficiaries might receive nothing.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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