Probate Retainer Statement

In a Probate/Estate matter, the Executor/Administrator will be given a choice as to legal fees to be paid. A typical representation agreement required by the Rules of Court is the following:
AGREEMENT TO PROVIDE LEGAL SERVICES
THIS AGREEMENT, dated _______________________ is made
BETWEEN the Client, _____________________ [Executor or Administrator]
whose address is referred to as "You"
AND Kenneth Vercammen & Associates, PC referred to as the "Law Firm"
1. Deceased. The person who died is _________________________ who formerly resided at____________
_______________________________ and is referred to as the Deceased
2. Estate of the Deceased. You have either been named as the executor in the will of the Deceased or want to be appointed as the administrator of the estate of the Deceased who died without a will. The executor or administrator is the person who collects the assets of the Deceased, pays the just debts of the Deceased and gives what is left to the family of the Deceased or to the beneficiaries named in the will.
3. Legal Services To Be Provided. You agree that the Law Firm will provide legal services to you to assist you in performing your duties as executor of administrator of the estate. The legal work includes:
(a) reviewing and analyzing the will or advising you as to the persons who will take the Deceased estate according to law; (b) advising you what must be done; (c) making arrangements for you to go to the Courthouse to be appointed executor or administrator of the estate (d) preparation of Notice of Probate to Beneficiaries (e) fill out inheritance tax forms (f) preparation of Release and Refunding bond (g) summarizing and seeking Court approval for your actions, if necessary; and (h) correspondence to persons receiving benefits from the estate.
4. Costs and Expenses. In addition to legal fees, the estate of the Deceased must pay the following costs and expenses:
Experts fees, court costs, accountants fees, appraisers fees, service fees, investigator fees, deposition costs, messenger services, photocopying charges, telephone toll calls, postage and any other necessary expenses in this matter.
5. Legal Fees. At this time, it is impossible to tell exactly how much time and effort will be required of the Law Firm to properly represent you. If there is no litigation or other complications which require an abnormal amount of work, the amount of the final bill for legal expensed will be: (Check if applicable)
[ ] 5% percent of the gross probate estate. This includes the total value of the property which is subject to administration by the executor or administrator of the estate.
[ ] 5% percent of the total gross assets of the estate as will be reported to the Inheritance Tax Bureau.
[ ] Hourly Rate. You agree to pay the Law Firm for legal services at the following rates:
Rate Per Hour Services of $ 225.00 Kenneth Vercammen
You will be billed at these hourly rates for all services rendered. This includes telephone calls (minimum charge of 1/4 hour ), dictating and reviewing letters, travel time to and from meetings and the Court, legal research, negotiations and any other service relating to this matter.
6. Payment of Fees. The agreed upon fees will be paid as follows: (check if applicable)
[ ] Schedule of Payments. initial payment: on filing of the inheritance tax return: on service of final accounting on the beneficiaries: on making the final distribution:
[ ] Bills. The Firm will send you itemized bills from time to time.
All bills for costs and legal expenses are due upon receipt. The estate of the Deceased will be charged interest at a yearly rate of 18% on any remaining balance not paid within 30 days from the date on the bill.
7. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must also pay all bills required by this Agreement. If you do not comply with these requirement, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request.
Signatures. You and the Law Firm have read and agree to this Agreement. The Law Firm has answered all of your questions and fully explained this Agreement to your complete satisfaction. You have been given a copy of this Agreement.