Is $5,000 a reasonable/ customary fee to file a petition with the court to require the executor to release my late father’s will and trust?

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Is $5,000 a reasonable/ customary fee to file a petition with the court to require the executor to release my late father’s will and trust?

An attorney quoted me this fee. There is no way that I have the resources to do this. Can I proceed with this step in another more fiscally conservative way? I do want to retain a legal representative.

Asked on August 7, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typical filing fees for a peition in all courts in this country with respect to a Wills and trust dispute is $325.00 to $415.00. I suspect that the $5,000 amount that you have written about is the requested retainer for the attorney to prepare the paperwork that you have written about, file the petition and get the matter started.

The presumed attorney handling your matter must provide you with a written fee agreement setting forth the scope of the services to be rendered as well as the hourly rate. You should be billed on a monthly basis.


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