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January 30, 2018 1:09 AM Subscribe
I need a property probated. There are no hurdles other than the paperwork and legal filings. Only one other person is involved, and they are cooperative. How much will this cost me?
The deed already has my name, but the other half of the property was never legally transferred after the spouses death twenty years ago, so that half must be probated. At least that's how it was explained to me.
With that out of the way, my attorney wants an impressive retainer fee, several thousand dollars, and here is my concern, because they won't give me any ballpark number on how much this is going to cost me. I'm, quite naturally, hesitant to financially commit if there's a chance of being strung along, so I'm trying to get a general idea on how much something like this usually cost. More or less than 4k? Again, this probate will be unchallenged.
Thank you.
The deed already has my name, but the other half of the property was never legally transferred after the spouses death twenty years ago, so that half must be probated. At least that's how it was explained to me.
With that out of the way, my attorney wants an impressive retainer fee, several thousand dollars, and here is my concern, because they won't give me any ballpark number on how much this is going to cost me. I'm, quite naturally, hesitant to financially commit if there's a chance of being strung along, so I'm trying to get a general idea on how much something like this usually cost. More or less than 4k? Again, this probate will be unchallenged.
Thank you.
Response by poster: In addition, the question cannot be answered without knowing where the property is located.
But the attorney shouldn't just shrug when I ask if the retainer fee will probably cover total cost? I mean, I got a bit more than a shrug, but not much, and they bill at 350 per.
posted by Beholder at 4:45 AM on January 30, 2018
But the attorney shouldn't just shrug when I ask if the retainer fee will probably cover total cost? I mean, I got a bit more than a shrug, but not much, and they bill at 350 per.
posted by Beholder at 4:45 AM on January 30, 2018
You don't need a 350 per attorney for an uncontested probate. Find someone who does this day in and day out and get a firmer, cheaper estimate.
posted by DarlingBri at 4:49 AM on January 30, 2018 [1 favorite]
posted by DarlingBri at 4:49 AM on January 30, 2018 [1 favorite]
Am I reading that correct in that the situation is, “Person A unofficially took over the property from Spouse B 20 years ago, but never filed any paperwork about it. Now they are trying to transfer it to me?”
If that’s the case, it could actually get incredibly messy and expensive depending on the state you are in. A family member of mine is dealing with this now - they unofficially inherited a house and didn’t bother to probate it - they were the last surviving child. Well, turns out the state they are in allows relatives beyond immediate family to inherit and everything must be apportioned. They had no idea of this thirty years ago.
The complicated nature of the probate, if so, may be in determining stuff like that.
posted by corb at 6:05 AM on January 30, 2018
If that’s the case, it could actually get incredibly messy and expensive depending on the state you are in. A family member of mine is dealing with this now - they unofficially inherited a house and didn’t bother to probate it - they were the last surviving child. Well, turns out the state they are in allows relatives beyond immediate family to inherit and everything must be apportioned. They had no idea of this thirty years ago.
The complicated nature of the probate, if so, may be in determining stuff like that.
posted by corb at 6:05 AM on January 30, 2018
Response by poster: Am I reading that correct in that the situation is, “Person A unofficially took over the property from Spouse B 20 years ago, but never filed any paperwork about it. Now they are trying to transfer it to me?”
Not trying to, she did put my name on the deed, but correct on other part. She didn't know anything needed to be done when her husband died.
There are no near relatives, because she lived to be 100. The nearest, other than me, might be a 70ish year old nephew who she had no contact with other than a brief phone call after her sister's (his mother) death.
posted by Beholder at 6:55 AM on January 30, 2018
Not trying to, she did put my name on the deed, but correct on other part. She didn't know anything needed to be done when her husband died.
There are no near relatives, because she lived to be 100. The nearest, other than me, might be a 70ish year old nephew who she had no contact with other than a brief phone call after her sister's (his mother) death.
posted by Beholder at 6:55 AM on January 30, 2018
IAAL, IANYL.
The nearest, other than me, might be a 70ish year old nephew who she had no contact with other than a brief phone call after her sister's (his mother) death.
In some states, this doesn't matter. It's the DNA, not the contact.
But if you don't trust the attorney at this stage, just find someone else. You're only going to start second-guessing them more and more, and scrutinizing your bill and just working yourself into knots.
For context, $350 an hour is absolutely standard in my neck of the woods (mid-Atlantic area outside of NYC or DC) for hourly legal work with any degree of complexity. Asking for a retainer of a couple grand is also standard when somebody is coming in off the street. Not being willing to give an estimate is somewhat unusual, and the lack of any other suggestions (telling you when your bill is about to hit a certain level, giving you a small discount off the hourly rate, etc., giving you weekly updates on fees) suggests that the person either doesn't have a good grip of what the process will be, or they don't really want you as a client and you'll be paying an asshole fee.
posted by joyceanmachine at 7:17 AM on January 30, 2018 [3 favorites]
The nearest, other than me, might be a 70ish year old nephew who she had no contact with other than a brief phone call after her sister's (his mother) death.
In some states, this doesn't matter. It's the DNA, not the contact.
But if you don't trust the attorney at this stage, just find someone else. You're only going to start second-guessing them more and more, and scrutinizing your bill and just working yourself into knots.
For context, $350 an hour is absolutely standard in my neck of the woods (mid-Atlantic area outside of NYC or DC) for hourly legal work with any degree of complexity. Asking for a retainer of a couple grand is also standard when somebody is coming in off the street. Not being willing to give an estimate is somewhat unusual, and the lack of any other suggestions (telling you when your bill is about to hit a certain level, giving you a small discount off the hourly rate, etc., giving you weekly updates on fees) suggests that the person either doesn't have a good grip of what the process will be, or they don't really want you as a client and you'll be paying an asshole fee.
posted by joyceanmachine at 7:17 AM on January 30, 2018 [3 favorites]
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In addition, the question cannot be answered without knowing where the property is located.
posted by yclipse at 2:49 AM on January 30, 2018