§ 525.515 — Basis for Attorney's Fees
Plain-Language Summary
Attorney fees in probate cases must be just and reasonable. Courts consider the time and labor involved, the attorney's experience, the complexity of the case, the results obtained, and the assets available to pay. The estate's total value alone does not control the fee amount.
525.515 BASIS FOR ATTORNEY’S FEES.
(a) Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the personal representative, guardian or conservator shall have such compensation therefor out of the estate as shall be just and reasonable. This section shall apply to all probate proceedings.
(b) In determining what is a fair and reasonable attorney’s fee effect shall be given to a prior agreement in writing by a testator concerning attorney fees. Where there is no prior agreement in writing with the testator consideration shall be given to the following factors in determining what is a fair and reasonable attorney’s fee:
(1) the time and labor required;
(2) the experience and knowledge of the attorney;
(3) the complexity and novelty of problems involved;
(4) the extent of the responsibilities assumed and the results obtained; and
(5) the sufficiency of assets properly available to pay for the services.
(c) An interested person who desires that the court review attorney fees shall seek review of attorney fees in the manner provided in section 524.3-721. In determining the reasonableness of the attorney fees, consideration shall be given to all the factors listed in clause (b) and the value of the estate shall not be the controlling factor.
History:
1971 c 497 s 8; Ex1971 c 48 s 50; 1974 c 442 art 9 s 3; 1975 c 347 s 111; 1976 c 2 s 146
History: History: 1971 c 497 s 8; Ex1971 c 48 s 50; 1974 c 442 art 9 s 3; 1975 c 347 s 111; 1976 c 2 s 146