Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
41 Cards in this Set
- Front
- Back
|
Where are fees for PR and attorney set in PC?
|
10800, 10810
|
|
|
Is a PR-attorney fee agreement required for probate matters?
|
Yes, almost always if exceeding $1000
unless: corporate client emergency services client declines written fee agreement in writing previous consummated attorney-client relationship |
|
|
what level of priority does compensation to PR and attorney have?
|
as expense of administration, 2nd highest priority (behind government debts)
PC 10830 |
|
|
When administration expenses alone exceed estate assets, how do PR and attorney collect?
|
they share pro rata with others whose claims qualify as expenses of administration (PC 11420)
|
|
|
Can a will alter the compensation for PR and attorney set by statute?
|
Yes, PC 10802
although PR can petition the court for relief from the provision |
|
|
Can an attorney act as both PR and attorney and receive compensation for both?
|
only if specified in the will and if approved by the court in advance.
10804 |
|
|
Can a PR agree with a heir or devisee for greater than statutory compensation?
|
No, under 10800.
A contract for less than statutory is probably enforceable. |
|
|
Can a PR perform services on a contingent fee basis?
|
Yes, only extraordinary services (PC 10811).
Agreement must be: in writing approved by court following noticed hearing compensation reasonable to advantage of estate. |
|
|
Can PR's attorney receive compensation for extraordinary services on hourly basis?
|
Yes, in amount that is just and reasonable.
PC 10811 |
|
|
Is a diagnosis of dementia sufficient to determine incapacity?
|
PC 812
No, a diagnosis alone is not sufficient. Objectively manifested conduct is the test. |
|
|
Can a PR who is an attorney receive dual compensation?
|
Not without advance court approval (PC 10804) -- best to request along with initial probate petition
|
|
|
When an attorney is PR, can the firm he works for earn fees for legal services?
|
Yes, only if a written agreement filed with the court between PR and firm that they won't participate in each other's compensation.
|
|
|
What is a guardian ad litem
|
Court may on its own motion or on request of PR or interested person, appoint a guardian to represent interests of minor, incapacitated, unborn, unascertainable class
PC 1003 |
|
|
How is a guardian ad litem compensated?
|
Reasonable expenses, including compensation and attorney fees are determiend by the court and paid out of estate property or other sources as ordered by court - PC 1003
|
|
|
What type of services are under the "ordinary fees" umbella for the PR?
|
collection, care and preservation of estate property
incidental expenses assembling assets, leasing property |
|
|
If a PR hires an agent to provide ordinary services, how is agent compensated
|
against representative's ordinary compensation
|
|
|
what type of services are under the "ordinary fees' umbrella for the attorney?
|
preparing petition for special letters of administration
ordering publication and mailing notice of petition IAEA petition debts and creditors claims petition for family allowance petition for fees petition for final account |
|
|
How is the estate valued for purposes of compensation?
|
PC 10800
Value of appraised property plus gains on sale minus losses on sale. Does not include encumbrances or obligations |
|
|
Is property not subject to administration (e.g. CP passing to survivor without administration, POD, joint tenancy) included in inventory or for purposes of determining PR and attorney compensatino?
|
No, PC 10800
|
|
|
What types of services may be considered "extraordinary"
|
sales of mortages or real/personal property
carrying on decedent's business defense of representative's account preparing tax returns |
|
|
Can a PR who is an attorney receive dual compensation?
|
Not without advance court approval (PC 10804) -- best to request along with initial probate petition
|
|
|
When an attorney is PR, can the firm he works for earn fees for legal services?
|
Yes, only if a written agreement filed with the court between PR and firm that they won't participate in each other's compensation.
|
|
|
What is a guardian ad litem
|
Court may on its own motion or on request of PR or interested person, appoint a guardian to represent interests of minor, incapacitated, unborn, unascertainable class
PC 1003 |
|
|
How is a guardian ad litem compensated?
|
Reasonable expenses, including compensation and attorney fees are determiend by the court and paid out of estate property or other sources as ordered by court - PC 1003
|
|
|
What type of services are under the "ordinary fees" umbella for the PR?
|
collection, care and preservation of estate property
incidental expenses assembling assets, leasing property |
|
|
If a PR hires an agent to provide ordinary services, how is agent compensated
|
against representative's ordinary compensation
|
|
|
what type of services are under the "ordinary fees' umbrella for the attorney?
|
preparing petition for special letters of administration
ordering publication and mailing notice of petition IAEA petition debts and creditors claims petition for family allowance petition for fees petition for final account |
|
|
How is the estate valued for purposes of compensation?
|
PC 10800
Value of appraised property plus gains on sale minus losses on sale. Does not include encumbrances or obligations |
|
|
Is property not subject to administration (e.g. CP passing to survivor without administration, POD, joint tenancy) included in inventory or for purposes of determining PR and attorney compensatino?
|
No, PC 10800
|
|
|
What types of services may be considered "extraordinary" for a PR
|
sales of mortages or real/personal property
carrying on decedent's business defense of representative's account preparing tax returns |
|
|
Can an attorney be compensated for extraordinary services performed by a paralegal under his direction?
|
yes, 10811
|
|
|
What types of services can attorney receive extraordinary compensation for?
|
legal work with sale of estate property
litigation defense of PR account defense of will defense of PR extraordinary efforts to locate estate assets. |
|
|
What is the difference between compensation for a tax expert for tax returns and one for a court account re a PR?
|
services for tax returns paid by estate
services for account paid out of PR compensation. |
|
|
What types of details must be included in request for extraordinary compensation?
|
nature and difficulty of tasks
results achieved benefits to estate hourly rate expertise of service provider size of estate and length of administration |
|
|
When may a court reduce compensation for PR or attorney
|
for delay (PC 12205) if administration takes longer than 1 year from issuance of letters (or 18 months if estate tax return is required)
and time taken was in control of PR and attorney and was not in best interest of estate. |
|
|
How do attorney fees for family allowance petitions work?
|
Private agreement by surviving spouse
OR if petitioner is PR, these are ordinary services already covered. |
|
|
How do fees work in a PR account contest?
|
if account was in bad faith, costs and fees awarded against contestant.
If opposition to contest to account in bad faith, costs and fees awarded against PR. |
|
|
How do PR and attorney receive compensation?
|
peitition for an order approving payment either before final distribution or on final distribution.
Never without court order. PC 10830, 10831 |
|
|
When is the earliest compensation may be requested?
|
partial compensation 4 months after issuance of letters based on estimated amount of work performed so far.
|
|
|
When will extraordinary compensation be paid?
|
normally at time of final distribution.
Can be earlier under 10832 if: 1. unusually long administration 2. present payment will benefit estate/beneficiaries 3. other good cause shown |
|
|
What happens if a PR refuses to pay attorney the allowed and ordered fee?
|
Enforcement action under 11424 - PR is personally liable and liable on his or her bond.
|
