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Attorney/Conservator Reasonable Fees
Anonymous2 views3 answers
Why is there no STATUTORY FEE SCHEDULE with regards to conservator and conservators attorney? The conservator is to manage the estate for the benefit of the conservatee but if there is no "cap" on fees, then he can get away with pretty much anything. Where can I find case law on excessive fees/compensation?
The request for compensation for the Conservator MUST be approved by the Court as just and reasonable under Probate Code 2640 et seq. It is not an open tap and if you object to the time or money spent, you can oppose the petition for compensation. If you win, they don't get paid. If you lose, you have increased the fees against the estate. As to the attorney, no attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court.
§ 2647. No attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court.
As mentioned above, there is a lot that goes into what the fee should be. If it is just paying a few bills per month it would not be as much as say property management, litigation oversight or other things. You don't say what was done or charged so we cannot really say. You can search case law online based on what you know or see an attorney to at least get an idea of what the situation is.
Use the .com web site to find an attorney in your area for state specific advice. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation FREE OF CHARGE. You will then be in a better position to determine what to do next. Best of luck to you!
You should consult with an attorney in your area some counties have local rules on compensation for Conservators and their counsel along with acepted rates for various processes and procedures. As waws mentioned above if you contests and loose then the fees are higher as the court will authorize the payment of the fees to defend the contest.
